"Commonwealth of Massachusetts.
In the Year of our Lord, 1785.
An Act for opening Sluice-ways in the mill-dam or dams which have or may
be erected on Presumpscot River, in the County of Cumberland, and upon any
Stream or Streams which fall into same river.
WHEREAS it appears to this Court that the people who live in the neighborhood
of Presumpscot River in the County of Cumberland have heretofore, and still
may, derive extensive benefits from the fishery on the said river and streams
which fall into the same, unless prevented by the mill-dams which have or
may be erected across the said river and streams, the increase or even continuance
of which unregulated, for any considerable length of time, must inevitably
destroy the annual course of the fish up said river.
Therefore be it enacted by the Senate and House of Representatives in General
Court assembled, and by the Authority of the same, That the Court of General
Sessions of the peace for the said county of Cumberland, be, and they are
hereby authorized and directed, annually to appoint a committee, consisting
of three indifferent and discreet persons within the same county, whose
duty it shall be to take effectual care that sufficient sluice-ways be annually
opened in all mill dams erected, or that may be erected across the said
River or Streams, in order that the fish may not be obstructed in their
passage up the same, and that the said sluice-ways be annually kept open
during the season in which Salmon, Shad, and Alewives usually pass up the
said River; which committee so appointed shall be sworn to the faithful
discharge of the duties assigned them by this act, before they proceed to
the execution of the same duties.
And it be further Enacted by the authority foresaid, That where the owner
or owners of any such mill or mills shall neglect or refuse to open or continue
open any such sluice-way or ways in their mill dams respectively, in every
such case the said committee, or any two of them, are hereby authorized
and empowered to cause the same to be done as speedily as may be; and
the owner or owners so neglecting or refusing, upon notice given to them
or any of them by the said committee or any two of them for that purpose,
shall forfeit and pay a sum equal to the reasonable expence of opening and
continuing open any such sluice-way or ways, with the addition of fifty
percent. Thereto, which forfeiture shall be recovered by the said committee
by action of the case to be by them instituted and pursued to final
judgment and execution in their capacity foresaid.
And it is further Enacted by the authority aforesaid, That so much of the
monies recovered from time to time as will be sufficient to defray the necessary
expences of opening and continuing open as aforesaid the same sluice-ways,
shall by said committee be applied to the purpose, and the overplus accruing
by such forfeitures, the said committee shall be accountable for to
the several incorporated towns herein mentioned.
And it is further Enacted by the authority aforesaid, That the said committee
shall have such reasonable compensation made them from time to time, for
their expences and services arising and performed pursuant to this act,
by the several towns now incorporated or may be incorporated, in equal proportion,
as do or shall stand in the last preceeding state tax-act, and which towns
adjoin the same River, as the said Court may think it proper to allow; and
that if any of the said incorporated towns shall neglect or refuse to pay
their proportion of the sums that may be due to the said committee from
time to time, for their expences and services aforesaid, in every such case,
the same committee be, if they see fit, to recover by legal process the
whole sum that may be due to them from any one of the said towns which
shall so neglect or refuse.
And it is further Enacted by the authority aforesaid, That when there shall
be more than one mill supplied with water by any one dam, erected, or that
may be erected as aforesaid, in every such case the expence of opening and
continuing open sluice-ways in such dam shall be borne by the owner or owners
of such mills respectively, in proportion to the interest which they may
respectively have therein.
And it is further Enacted by the authority aforesaid, That Enoch Freeman
and Daniel Davis, Esquires, Justices of the Peace for the said county, quorum
unus, be, and they are hereby authorized and empowered to appoint such committee
as is herein before mentioned, who shall continue in office until the next
Court of General Sessions of the peace for the same county, and during that
time the said committee shall perform the duties, be vested with the powers,
and entitled to the compensation herein before granted to such committees
by this act.
In the House of Representatives, March 14, 1785.
This bill having had three several readings, passed to be Enacted.
Samuel A. Otis Speaker.
In Senate, March 14, 1785.
This bill having had two several readings, passed to be Enacted.
Samuel Adams, President.
Approved. Thomas Cushing.
True Copy. Attest.
John Avery, jun. Secretary.
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Cumberland, ss. March 29th, 1785.
To Peter Noyes, Joshua Fabyan, & Edmund Phinney, Esqrs. By virtue of
the within act, we the subscribers, Justices of the Peace for said county,
quorum unus, do hereby appoint you to be a committee for the purposes mentioned
in the above law, and to be vested with the powers, to perform the duties,
and to be intitled to the compensation therein mentioned, and
to continue in office until the next setting of the Court of General Sessions
of the peace for the County aforesaid.
ENOCH FREEMAN,
DANIEL DAVIS.