so to do, he shall forfeit fifty dollars, to be recovered in an action of enough to pay R. S. 57, § 10. SECT. 11. When such property is of a perishable nature and may may sell perbe much reduced in value by keeping for one year, and no owner, erty. ishable propagent, or other person interested therein, appears to claim the same R. S. 57, § 11. within sixty days after it is taken into the custody of the commissioner, he shall advertise it in the public newspapers and sell it by auction to the best advantage. SECT. 12. If no owner, agent, or other person interested in such property, appears within one year after it has been taken into the custody of the commissioner, and establishes his claim thereto, the commissioner shall present to the treasurer of the commonwealth an inventory of the property, or, if sold, an account of the sales, with an account of all moneys paid by him for duties thereon and for the expenses of securing and preserving it; and he shall make oath to the truth of such inventory and accounts, and shall pay and deliver to the treasurer the balance of such accounts, with all the property remaining in his hands, for the use of the commonwealth. to return in- ventory to appear within R. S. 57, § 12. of. compensation SECT. 13. The treasurer may make the commissioner such compensation for services and expenses as shall be just; to be ascertained, s. 57, § 13. in case of disagreement between them, in the manner before provided for the adjustment of the like question between the commissioner and the owner of property. SECT. 14. If a commissioner, for the space of sixty days after the liability of, for expiration of the year herein before limited for his accounting with the neglecting to treasurer, neglects to present the inventory and accounts before men- R. S. 57, § 14. tioned, and to pay and deliver the balance due thereon, together with all the property remaining in his hands, the treasurer shall cause a suit to be commenced therefor for the use of the commonwealth, and shall prosecute the same to final judgment and execution. account, &c. SECTION 1. Whoever between the first day of March and the first Penalty for tak ing, killing, or day of September takes, kills, or destroys, any of the birds called par- having in postridges or quails; or between the first day of March and the fourth day session, certain of July takes, kills, or destroys, any of the birds called woodcock; or at seasons. any season of the year takes, kills, or destroys, any of the birds called 1855, 197, § 1. robins, thrushes, linnets, sparrows, bluebirds, bobolinks, yellow-birds, Auctiber de 158 1865 birds at certain Penalty for taking certain woodpeckers, or warblers; or within the respective times aforesaid sells, buys, or has in his possession, any of said birds taken or killed in this state or elsewhere, shall forfeit for every such partridge, quail, or woodcock, five dollars, and for every other of said birds, two dollars. SECT. 2. Whoever at any season of the year takes, kills, or destroys, birds by traps, by means of traps or snares, any of the birds mentioned in the preceding section, except partridges, shall forfeit for every such bird so taken, killed, or destroyed, five dollars. &c. 1856, 197, § 2. Selectmen, &c., SECT. 3. The mayor and aldermen and selectmen of the several cities to enforce pro- and towns shall cause the provisions of the preceding sections to be enforced in their respective places. visions. 1855, 197, § 3. Penalty for shooting birds on lands of others without, &c. R. S. 53, § 2. 1852, 312. for killing birds on salt marshes, except, &c. R. S. 53, § 3. 1849. 158, § 3. for killing, &c., grouse. 1839, 135. 1814, 156, § 1. except by 1814, 156, § 2. SECT. 4. Whoever between the first day of March and the fourth day of July shoots at or kills any birds upon lands not owned or occupied by himself, and without license from the owner or occupant thereof, shall forfeit to the owner or occupant ten dollars, in addition to the actual damages sustained, to be recovered in an action of tort. SECT. 5. Whoever between the first day of March and the first day of July takes or kills any birds on any salt marshes, or sells any birds so taken or killed, shall forfeit two dollars for every offence: provided, that nothing contained in this section shall prevent the owner or occupant of such lands from taking or killing birds on the land so owned or held by him. SECT. 6. Whoever within this state takes, kills, or destroys, any of the birds called grouse or heath hens, or sells, buys, or has in his possession, any of said birds so killed or taken, shall forfeit for every such bird twenty dollars. SECT. 7. Whoever kills any grouse or heath hen as aforesaid, upon owner, &c., of lands not owned or occupied by himself, and without license from the owner or occupant thereof, shall for each bird so killed forfeit to such occupant or owner ten dollars, in addition to the actual damage sustained, to be recovered in an action of tort. Search warrant. Proceedings. 1814, 156, §3. Penalties may R. S. 53, § 4. SECT. 8. When a person is suspected of having in his possession grouse or heath hen taken or killed contrary to the provisions of this chapter, a justice of the peace, or police court, on complaint on oath before him, may issue his warrant directed to the proper officer to search for the same, and the same proceedings may be had as are provided in chapter one hundred and seventy relating to searches and seizures. SECT. 9. The provisions of the preceding sections shall not extend be suspended. to any city in which the city council, nor to any town in which the inhabitants at their annual meeting, in any year vote to suspend the opera tion thereof, in whole or in part, and for such term of time not exceeding one year as they deem expedient. 1844, 156, § 4. 1855, 197, § 6. Penalty for kill within certain times. SECT. 10. Whoever between the hour of sunset and one hour before ing plover, &c., the sun's rising, on any day between the twentieth day of April and the first day of July, takes, confines, kills, or destroys, any of the birds called plover, curlew, dough bird, or chicken bird, shall for every such bird so taken, confined, killed, or destroyed, forfeit one dollar. R. S. 53, § 5. 1839, 135. 1849, 158, § 4. or with unusual implements, &c. R. S. 53, § 6. for hunting deer within certain times. R. S. 53, §7. with dogs in Plymouth, &c. R. S. 53, § 8. SECT. 11. Whoever at any time kills or destroys any of the birds mentioned in the preceding section, by the use of any other means or implements than such as are usually employed in fowling or killing wild game, shall for every such offence be liable to the penalty mentioned in said section. SECT. 12. Whoever between the first day of January and the first day of August kills or hunts any deer, except his own tame deer or deer kept in his park or on his own land, shall for every such offence forfeit twenty dollars. SECT. 13. Whoever at any time of the year hunts, chases, or kills, with hounds or dogs, any deer within the counties of Plymouth or Barnstable, shall for every such offence forfeit twenty dollars. SECTION CHAPTER 83. OF FISHERIES, KELP AND SEAWEED. FISHERIES. 1. Penalty for poisoning fish with Indian cockle, &c. 2. for unlawfully catching pickerel and trout. 3. Prosecutions limited. LOBSTERS, TAUTOG, BASS, &C. 4. Penalty for unlawfully taking lobsters, &c., in Fairhaven, &c. 5. Boundaries of shores, &c., in preceding section. 6. Lobsters, &c., within certain towns, not to be carried off by inhabitants of other states, nor by persons of this state in vessels of over 15 tons; penalty. 7. Lobster fishery on shores, &c., of Provincetown. 8. Penalty. 9. Waters and shores of Provincetown defined. SECTION 10. Penalty for taking lobsters, &c., in Sand- OYSTERS AND OTHER SHELL FISH. 13. Penalty for taking, &c., any other shell fish 14. When vessels with oysters, &c., on board 15. Prohibitions not to extend to Indians, &c. 17. License to describe flats, be recorded, &c. 19. No shell fish except clams, &c., to be taken KELP AND SEAWEED. FISHERIES. Penalty for poisoning fish with Indian cockle, &c. R. S. 55, § 1. for unlawfully catching pickerel and R. S. 55, § 3. SECTION 1. Whoever puts or throws into any waters within this state, for the purpose of taking or destroying fish therein, any of the cocculus indicus, otherwise called Indian berry or Indian cockle, or any other poisonous substance, whether the same is mixed with any other substance or not, shall forfeit ten dollars for every such offence. SECT. 2. Whoever takes or catches any pickerel or trout in any rivers, streams, or ponds, in any other manner than by hooks and lines, or takes or catches any pickerel, from the first day of December to the first day of May, shall forfeit one dollar for every pickerel or trout so taken, and if he is a minor, his guardian shall be liable to said forfeiture; but this section shall not extend to any town unless adopted thereby, nor shall it affect the statutes specially relating to the district of Marshpee. SECT. 3. All prosecutions under the preceding section shall be insti- Prosecutions tuted within thirty days from the time of committing the offence. LOBSTERS, TAUTOG, BASS, &C. trout. 1857, 30. 1859, 106. limited. lobsters, &c., in SECT. 4. No person living without this state shall take any lobsters, Penalty for untautog, bass, or other fish, within the harbors, streams, or waters, of the lawfully taking towns of Fairhaven, New Bedford, Dartmouth, and Westport, for the Fairhaven, &c. purpose of carrying them thence in vessels or smacks of any size what- R. S. 55, § 5. ever owned without this state, nor in any of more than fifteen tons' burden owned within this state, under a penalty of ten dollars for every offence, and a forfeiture of all fish and lobsters so taken. SECT. 5. For the purposes of the preceding section, the waters and Boundaries of shores of the towns therein mentioned shall be deemed to extend from shores, &c., in the line of the state of Rhode Island to the line of the county of Plymouth, and to include all the waters, islands, and rocks, lying within one mile of the main land. preceding secR. S. 55, § 6. tion. not to be car SECT. 6. If, within the harbors, streams, or waters, of any place on Lobsters, &c., the sea-coast in this state which has adopted chapter eighty-five of the in certain towns statutes of the year eighteen hundred and thirty-nine, according to the ried off by inprovisions of that act, or which shall have adopted this section, any other states, person living without the state takes, for the purpose of carrying thence, nor by persons habitants of of this state in vessels of over 15 tons. 1839, 85. Lobster fishery any lobsters, tautog, bass, blue fish, or scuppaug, or if any person living within this state takes and carries away from such place any such fish or lobsters in vessels or smacks of more than fifteen tons' burden, he shall forfeit for each offence a sum not exceeding twenty dollars and all the fish and lobsters so taken. SECT. 7. No person shall take lobsters within the waters and shores on shores, &c., of the town of Provincetown, for the purpose of carrying them from said of Provincetown. R. S. 55, § 7. Penalty. R. S. 55, § 8. Waters and shores of Prov incetown, defined. R. S. 55, § 9. Penalty for taking lobsters, waters in any vessel or smack of more than fifteen tons' burden, or for the purpose of putting the same on board of such vessel or smack to be transported to any place, unless a permit is first obtained therefor from the selectmen of said town, who may grant the same for such sum to be paid to the use of the town as they shall deem proper. SECT. 8. Whoever offends against the provisions of the preceding section shall for each offence forfeit ten dollars; and if the number of lobsters so unlawfully taken or found on board of any such vessel or smack exceeds one hundred, he shall in addition to said penalty forfeit a further sum of ten dollars for every hundred lobsters so taken or found, and in that proportion for any number over the first hundred. SECT. 9. For the purposes of the two preceding sections the waters and shores of Provincetown shall be deemed to be as follows, viz.: beginning at Race Point, one-half mile from the shore, by said shore to the end of Long Point which forms the harbor of Provincetown, and from the end of Long Point one-half mile and including the harbor within the town of Provincetown. SECT. 10. Whoever, between the first day of April and the first day of July inclusive, takes more than one hundred pounds per week of lobwich and Ware- sters, tautog, bass, or scuppaug, in the bays, harbors, ponds, rivers, or &c., in Sand ham between March and July. 1856, 176, §§ 2, 3, 4. creeks, of the waters of Buzzard's Bay, within one mile from the shore and within the jurisdiction of the towns of Sandwich and Wareham, shall forfeit a sum not exceeding fifty dollars, to be recovered in an action of tort by the selectmen or any legal voter of the towns of Sandwich or Wareham, to the use of the party suing therefor. Penalty for un oysters, &c. OYSTERS AND OTHER SHELL FISH. SECT. 11. Whoever takes oysters from their beds, or destroys them, lawfully taking or wilfully obstructs their growth therein, in any part of this state, except as is provided in the following sections, shall forfeit for every bushel of oysters (including the shells) so taken or destroyed the sum of two dollars. R. S. 55, § 11. Selectmen, &c., may give permits. R. S. 55, § 12. 7 Met. 446. Penalty for taking, &c., any other shell ish. 1838, 110, 113. 1842, 10. 1846, 127. 1852, 53. 7 Met. 446. When vessels, SECT. 12. The mayor and aldermen or selectmen of any city or town in which there are oyster beds may give permits in writing to any person to take oysters from their beds at such times, in such quantities, and for such uses, as they shall express in their permits; and every inhabitant of such city or town may, without such permit, take oysters from the beds therein for the use of his family, from the first day of September to the first day of June annually. SECT. 13. Whoever takes any other shell fish from their beds, or destroys them, or wilfully obstructs their growth therein, in any city or town, except as is hereinafter provided, shall forfeit for every bushel of such other shell fish (including the shells) one dollar. But the mayor and aldermen or selectmen of each of said places may at all times give permits in writing to any person to take such other shell fish from their beds therein, at such times, in such quantities, and for such uses, as they shall express in their permit; and every inhabitant of each of said places may, without such permit, take such other shell fish from the beds therein, for the use of his family. SECT. 14. If a vessel, boat, or craft is found within the limits of any with oysters, place, and not owned therein, with oysters on board taken in such place R. S. 55, § 14. without such permit, or a license granted as hereinafter provided; or &c., on board, Indians, &c. SECT. 15. Nothing contained in the four preceding sections shall be Prohibitions construed to deprive native Indians of the privilege of digging shell fish not to extend to for their own consumption, or to prevent any fisherman from taking any R. S. 55, § 15. quantity of shell fish which he may want for bait, not exceeding at any one time seven bushels including their shells. SECT. 16. The mayor and aldermen or selectmen of any city or town may, by writing under their hands, grant a license for a term not exceeding twenty years to any inhabitant thereof, to plant, grow, and dig oysters, at all times of the year, upon and in any flats and creeks therein, at any place where there is no natural oyster bed; not, however, impairing the private rights of any person, nor materially obstructing the navigable waters of any creek or bay. Selectmen, &c., may grant li oysters, &c. censes to plant 1848, 152, §§ 1, 3. scribe flats, be SECT. 17. Such license shall describe by metes and bounds the flats License to deand creeks so appropriated, and shall be recorded by the city or town recorded, &c. clerk before it shall have any force; and the person licensed shall pay 1848, 152, §§ 2, 5. to the mayor and aldermen or selectmen, for their use, two dollars, and to the clerk fifty cents. Penalties for 1839, 135. SECT. 18. The person so licensed, his heirs and assigns, shall for the Rights of perpurposes aforesaid have the exclusive use of the flats and creeks de- sons licensed. scribed in the license, during the time therein specified; and may in an trespassing. action of tort recover treble damages of any person who, without his or their consent, digs or takes oysters from such flats or creeks during the continuance of the license; and whoever digs or takes oysters therefrom without such consent shall also forfeit twenty dollars for each offence. SECT. 19. No person shall take from the towns of Chatham or Nantucket, or from the south shore of the town of Barnstable and district of Marshpee, any shell fish for bait or other use, except clams and a shell fish commonly known by the name of horsefeet; and no quantity exceeding seven bushels of clams including the shells, or one hundred horsefeet, shall be taken in one week for each vessel or craft, nor in any case without a permit being first obtained from the selectmen of the town. KELP AND SEAWEED. SECT. 20. Any person may take and carry away kelp or other seaweed between high and low-water mark, whilst the same is actually adrift in tide waters; but for such purpose no person shall enter on upland or on lawfully enclosed flats without the consent of the owner or lawful occupant thereof. The provisions of this section shall not apply to any city or town in which the subject matter is regulated by special act of the legislature. 37 55 1818, 152, § 3. |