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15 any time or place where or when the taking or de16 struction of said fish is prohibited by law. And 17 the power of each county, and of each deputy 18 warden shall and is made to extend equally to every 19 portion of the waters before described in every county, 20 city, town or plantation into which said waters extend.

SEC. 7. Between the first day of April and the fif2 teenth day of July in each year, no person shall take 3 or destroy in any of said waters any of the fish afore4 said either by means of wiers, nets, or any other im5 plement, apparatus or machinery whatever, except 6 between sunrise on Monday, and sunrise on Saturday 7 of any week. And any person committing any offence 8 against this provision, or aiding or abetting the same, 9 shall forfeit and pay for every such offence the sum of 10 ten dollars.

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SEC. 8. Every wier shall be provided with a gate or 2 passage way at least three feet wide, and extending 3 from the bottom or floor thereof to high water line, 4 which gate or door shall be in the pound or apartment 5 wherein said fish are secured and taken. And the 6 said gate shall be left open without impediment to the passage of said fish from sunrise on Saturday of each 8 weck to sunrise on the succeeding Monday, between 9 the first day of April and the fifteenth day of July in 10 each year; and if any wier shall be made without such 11 gate or door, or if any such gate or door shall not be 12 kept open as herein required, the owner or occupant 13 of such weir shall forfeit for each offence, ten dollars.

SEC. 9. All wiers shall be stripped so as to admit 2 the free passage of fish through the same, on or be 3 fore the fifteenth day of July in each year. And the 4 owner or owners of any wier who shall neglect so to 5 strip the same, shall forfeit five dollars for every day 6 until the same is stripped as aforesaid.

SEC. 10. Any county or deputy fish warden who 2 shall be forcibly resisted in the discharge of any duty, 3 or in the exercise of any right prescribed by this act, 4 is hereby authorized to require of any person or per5 sons the assistance which may be requisite for his pro6 tection to enable him to discharge the duty or exer7 cise the rights aforesaid. And if any person who 8 shall be by him called upon for that purpose, shall 9 unreasonably refuse, or neglect to render the required 10 assistance, he shall be liable to forfeit and pay a pen11 alty of ten dollars.

SEC. 11. No net, or string of nets for the taking 2 of any of said fish, shall ever be used in any of said 3 waters extending more than eighty fathoms in length, 4 or more than fifteen feet in depth; and every person 5 violating this provision shall forfeit ten dollars.

SEC. 12. No person or persons shall take or destroy 2 any of the fish aforesaid in any of said waters, be3 tween the fifteenth day of July, in one year, and the 4 first day of April, in the succeeding year. And each 5 and every person violating this provision shall forfeit 6 and pay the sum of twenty dollars for each offence.

SEC. 13. All forfeitures prescribed by this act ex2 ceeding twenty dollars, shall be recoverable by indict3 ment in the supreme judicial court, or district court, 4 and all forfeitures not exceeding twenty dollars, shall 5 be recoverable by complaint in behalf of the State, 6 before a justice of the peace for the county in which 7 the offence shall have been committed. And such 8 justice is hereby empowered, on conviction, to impose 9 said penalties to an amount not exceeding the sum of 10 twenty dollars, and in case any person convicted and 11 sentenced by such justice shall neglect or refuse to 12 pay such penalty with costs of prosecution, the justice, 13 by his mittimus, may cause said offender to be com14 mitted to the jail of the county, there to be detained 15 till discharged by order of law, reserving however 16 to every person accused, the right to appeal to the 17 district court on entering into recognizance as in other 18 cases of appeal from justices of the peace in criminal 19 suits. Complaints for any of the offences mentioned 20 in this act may be made by any county or deputy 21 warden, or any other person, and all forfeitures and 22 penalties recovered for any such offences, shall go, 23 one half to the use of the county and one half to the 24 use of the town in which the same were committed.

SEC. 14. Each county warden, for his services, 2 shall be entitled to receive the sum of two dollars for 3 each and every day by him actually occupied in any 4 of the duties and employments devolving upon him

5 by virtue of said office, to be paid from the treasury 6 of the county in which he resides. Provided howev7 er, that said county warden shall first make oath to 8 the truth and correctness of his account, which shall 9 then be presented to the county commissioners to be 10 audited and allowed.

11 And each deputy warden, for his services, shall be 12 allowed one dollar for each and every day by him ac13 tually employed in any of the duties devolving upon 14 him in virtue of said office, to be paid by the city, 15 town or plantation in which he resides. Provided, 16 that said deputy warden shall first make oath to the 17 truth and correctness of his account, which shall be 18 presented to the selectmen or assessors for allowance.

SEC. 15. The mill privileges on the river Piscata2 quis and its tributaries, Blackman's, Kenduskeag, 3 Brewers's and Cold streams, and the towns of Castine 4 and Brooksville, are hereby exempt from the provis5 ions of this act.

SEC. 16. All acts or parts of acts inconsistent with 2 this act, are hereby repealed.

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