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SEC. 5. The town councils in the several towns shall have power to appoint, as occasion may require, some suitable person or persons to seize and secure within their respective towns, all baskets used for measuring coal that shall not be of the dimensions aforesaid and sealed as aforesaid, and to prosecute every person who shall be guilty of a breach of this act: provided, however, that no person shall be obliged to measure charcoal where the quantity shall be agreed on by the buyer and seller.

SEC. 6. Any sealer of weights and measures who shall seal any basket not being of the lawful dimensions, shall forfeit and pay the sum of five dollars.

SEC. 7. All forfeitures accruing under this act shall be recovered by action of debt before any court of competent jurisdiction; one half thereof to and for the use of the person suing for the same, and the other half to and for the use of the state.

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It is enacted by the General Assembly, as follows:

SECTION 1. If any person shall set or draw any seine in any part of the river running from Warren river through the town of Barrington to the dividing line between the said town of Barrington and the town of Rehoboth, he shall forfeit and pay the sum of twenty dollars.

SEC. 2. If any person shall set or draw any seine or net in the pond called Easton's pond, in Newport, or in the creek adjacent to or in any of the inlets or rivers belonging thereto, he shall forfeit and pay the sum of eighteen dollars.

SEC. 3. If any person shall set or draw any seine or net in Kekemuit river, within half a mile from the place called The Narrows, he shall forfeit and pay the sum of fifteen dollars.

SEC. 4. If any person shall erect or make any weir, pot or other contrivance, to obstruct the course of fish across Puncatest, alias Nomquit pond, or any part thereof, or in any river or stream leading in or out of said pond, at any time, he shall forfeit and pay the sum of ten dollars.

SEC. 5. If any person shall haul any net or seine within Puncatest, alias Nomquit pond, or in the rivers leading into said pond, or in the breach from said pond into the sea, or within half a mile of said breach, he shall forfeit and pay the sum of ten dollars.

SEC. 6. If any person shall set any hanging or mesh net in Puncatest, alias Nomquit pond, or in any river leading in or out of said pond, from the first day of January to the first day of August, in every year, he shall forfeit and pay the sum of ten dollars.

SEC. 7. If any person shall at any time from the fifteenth day of June to the fifteenth day of January, in each year, set, or draw, or haul any net or seine, except scoop or sweep nets, through the ice, or shall erect any weir or net in Seekonk river, from Washington bridge to Pawtucket, he shall forfeit the net, seine or weir, so set, drawn or erected; to be seized and taken by warrant issued by any justice of the peace in the county of Providence, or by any competent court, upon complaint made under oath, to and for the use of the complainant; and he shall also forfeit and pay the sum of twenty dollars.

SEC. 8. If any person shall erect or continue in Palmer's river, above Kelly's bridge, any weir, dam or other obstruction to prevent the free passage of fish up said river, he shall forfeit and pay the sum of fifteen dollars for the first offence, and ten dollars for every twenty-four hours any such weir or dam or other obstruction shall be continued after the first twenty-four hours.

SEC. 9. If any person shall set or draw any seine or net in Palmer's river, above Kelly's bridge, on Sunday, Thursday, Friday or Saturday of each week, or between the setting and rising of the sun on any day, he shall forfeit and pay the sum of fifteen dollars for every offence.

SEC. 10. If any person not an inhabitant of this state at the time shall take or carry away from the shores or waters in the town of Warren, any clams or other shell fish in any larger quantity than one bushel in any one day, he shall forfeit the sum of ten dollars.

SEC. 11. If any person not at the time an inhabitant of this state shall set or keep, or cause to be kept or set, within any of the waters, or upon or within three miles of any shore of this state, more than two pots or nets for the catching of lobsters, at any one time, he shall forfeit and pay the sum of twenty dollars for each offence.

SEC. 12. If any person shall lift or raise any pot or net set for the catching of lobsters, without permission of the owner thereof, he shall forfeit and pay the sum of ten dollars.

SEC. 13. No person shall at any time from the fifteenth day of April to the fifteenth day of June, or from the fifteenth day of August to the fifteenth day of December, in every year, erect any weir, or set or draw any net or seine for the obstructing, catching or hauling of fish, within half a mile from Point Judith ponds breach into the sea, or within said breach, or within any channel leading to said ponds from the sea, or within a quarter of a mile from the entrance of any such channel into said ponds.

SEC. 14. No weir shall be erected nor any stationary seine or net set across the channels, nor in Point Judith ponds, within a quarter of a mile from the five following places, viz: Alder Point, near where Saucatucket river vents itself into said ponds; Prince's Narrows, which connect the upper with the lower ponds; Strawberry Hill, on Great Island; High Point, so called, on land of the heirs of Joseph Sherman, and Goose-berry Hole, so called.

SEC. 15. No person shall at any time from the fifteenth day of April to the fifteenth day of June, in every year, erect any weir or draw any seine or net for the obstructing, catching or hauling of fish at the breach or entrance of Petaquamscut river, nor within one mile thereof.

SEC. 16. No weir shall be made or erected across Petaquamscut river at any time, nor shall any standing seine be set across the same.

SEC. 17. Nothing in either of the next preceding four sections shall be construed to prohibit any person from using such nets or fishing craft for the catching of smelts as are commonly used in the smelt fishery, from the first day of February to the first day of April, in every year.

SEC. 18. If any person shall erect any dam or weir across Mill Cove, in Warwick, or from the mouth of said cove to the pond of fresh water which runs into said cove, or shall keep up any dam or weir already therein made, at any time between the first day of April and the first day of June in every year, without leaving open through such dam or weir a suffi

cient way for the fish to pass, he shall forfeit and pay the sum of ten dollars for the first offence, and five dollars for every twenty-four hours such dam or weir shall be continued without such sufficient way therein.

SEC. 19. No person shall fish in any way in said Mill cove, or in the stream leading from said pond into said cove, on Sundays, nor on Saturdays or Mondays, save with a hook and line; nor shall any person catch or hinder any alewives coming down said Mill cove or brook at any time. If any person shall be convicted of the breach of any provision of this section, he shall forfeit and pay the sum of three dollars.

SEC. 20. If any person shall set or draw any seine or net in said Mill cove, or from the mouth thereof to the pond of fresh water which empties into the same, he shall forfeit and pay the sum of fifty dollars.

SEC. 21. Every violation of the thirteenth, fourteenth, fifteenth and sixteenth sections of this act, shall be proceeded against by indictment before any court competent to try the

same.

SEC. 22. Every person who shall be convicted of a violation of the thirteenth, fourteenth, fifteenth or sixteenth section of this act, shall be fined not less than twenty nor more than fifty dollars; and shall also forfeit the boat, seine, net or other apparatus by him used, in violating any provision of the thirteenth or fourteenth sections of this act; one half of said fine and forfeiture shall be to the use of the person complaining, and the other half to and for the use of the state.

SEC. 23. All the forfeitures in this act contained, unless where other provision is made, shall and may be recovered by action of debt before any justice of the peace in the town where the same shall be incurred, if the same do not exceed twenty dollars; and if it exceed that sum, before the court of common pleas in the same county; one half thereof to the person who shall sue for the same, and the other half to and for the use of the town in which the offence shall be committed.

An Act to prevent the taking of Sea-weed from the shore of Dutch Island.

Sea-weed not to be unlawfully taken from Dutch Island. Penalty for taking the

same.

It is enacted by the General Assembly, as follows:

Any person who shall be convicted before any court competent to try the same, of unlawfully taking or removing from the shores of Dutch Island in Narragansett Bay any sea-weed, rock-weed, or any other sea manure, shall forfeit and pay the sum of five dollars for every cart-load so taken, to any person who shall sue for the same.

An Act to regulate the Measure of Fish sold for Manure.

SECTION

1. Fish manure-how measured, &c. measure to be sealed.

2. Penalty on sealer for fraud.

SECTION

3. Penalty for selling by measure not sealed.

4. Penalties how recovered, &c.

It is enacted by the General Assembly, as follows:

SECTION 1. When fish are sold by measure for manure, they shall be measured in a barrel or half barrel; the barrel containing twenty-eight gallons, and the half barrel fourteen gallons; which shall be sealed by the sealer of weights and measures of the town in which the same shall be used, or of some other town.

SEC. 2. If any sealer of weights and measures shall seal any barrel or half barrel which shall contain a less quantity than prescribed in the next preceding section, he shall forfeit the sum of fifty dollars.

SEC. 3. If any person shall measure any fish sold by measure, in any barrel or half barrel not sealed according to the provisions of this act, he shall forfeit the sum of ten dollars for each offence.

SEC. 4. All penalties incurred under this act shall be recovered by action of debt, before any court of competent jurisdiction; one half thereof to and for the use of the state, the other half to and for the use of the person who shall sue for the same.

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