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No. 155.-1692, November 26: Act of the Province of Massachusetts Bay, 1692-3, Cap. 32.

An Act for the regulating and encouragement of fishery.

Upon consideration of great damage and scandal, that hath happened upon the account of pickled fish, although afterwards dried and hardly discoverable, to the great loss of many, and also an ill reputation on this province, and the fishery of it,

Be it therefore enacted by the Governor, Council and Representatives, convened in General Court or Assembly, and it is enacted by the authority of the same,

[SECT. 1.] That no person or persons whatsoever, after the publication hereof, shall save or salt any sort of fish (that is intended to be dried) in cask or fattes, or any other way than what hath formerly and honestly been practised for the making of dry fish, on penalty of forfeiting all such fish so salted and pickled, whether it be green or dry; the one moiety thereof to the use of the poor of the town where the offence is committed, and the other moiety to the person that shall sue for the same.

And it is further enacted by the authority aforesaid,

[SECT. 2.] That henceforth no mackerel shall be caught (except for spending whilst fresh) before the first of July annually; and no person or persons whatsoever, after the publication hereof, shall at any time or place within this province take, kill, or hale ashore any mackerel, with any sort [s] of nets or seines whatsoever, on penalty of forfeiting all such mackerel so taken or haled ashore, and also all such nets and seines which were so employed; the one-half thereof to their majesties towards the support of this their government, and the other half to him or them that shall inform and sue for the same. And all justices are hereby empowered, and required to grant their warrants for the seizing of the same and the aforesaid forfeitures, or the receiving of the like value in current money of this province. [Passed November 26.

773 No. 156.-1702, November 21: Act of the Province of Massachusetts Bay, 1702, Cap. 12.

An Act for the reviving and re-enacting a clause in the act intituled "An Act for the regulating and encouragement of Fishery," that hath been for some time repealed by the general Assembly.

Whereas, in the second paragraph of the said act it is entitled "that henceforth no mackerel shall be caught (except for spending whilst fresh) before the first of July annually"; and whereas the said clause, by an act afterwards made and passed by the general assembly, was repealed and made void, which said repeal and the unseasonable catching of mackerel thereupon hath been experienced to be very prejudicial to this province,

Be it therefore enacted by His Excellency the Governor, Council and Representatives [convened] in General Court or Assembly, and it is enacted by the authority of the same,

That the said clause above-recited shall be and is hereby revived and re-enacted, and that henceforth no person or persons whatsoever shall presume to catch or cause to be caught any mackerel, (except for spending whilst fresh,) before the first of July annually, on penalty of forfeiting all the mackerel so caught contrary to the true intent and meaning of this act, and twenty shillings per barrel over and above for each barrel of the same; the one half of the said forfeiture to be to her majesty for and towards the support of this her government, and the other half to him or them that shall inform and sue for the same in any of her majesty's courts of record within this province. [Passed November 11; signed by the Governor and published November 21.

No. 157.—1715, July 23: Act of the Province of Massachusetts Bay, 1715-1716, Cap. 4.

An Act for Building and Maintaining a Lighthouse upon the Great Brewster (called Beacon Island) at the entrance of the Harbour of Boston.

Whereas the want of a lighthouse at the entrance of the harbour of Boston hath been a great discouragement to navigation by the loss of the lives and estates of several of his majesty's subjects; for prevention whereof,

Be it enacted by His Excellency the Governor, Council and Representatives in General Court assembled, and by the authority of the

same,

[SECT. 1.] That there be a lighthouse erected at the charge of the province, on the southermost part of the Great Brewster, called Beacon Island, to be kept lighted from sun-setting to sun-rising.

[SECT. 2.] That from and after the building of the said lighthouse, and kindling a light in it, useful for shipping coming into or going out of the harbor of Boston, or any other harbor within the Massachusetts Bay, there shall be paid to the receiver of impost, by the master of all ships and vessels, except coasters, the duty of one penny per ton, inwards, and also one penny per ton, outwards, and no more, for every ton of the burthen of the said vessel, before they load or unload the goods therein.

[SECT. 4.] That none shall be accounted coasters by this act, but such who import only provisions, tar, pitch, turpentine or lumber, whose owners belong to this province, or the provinces or colonies of Rhode Island, Connecticut, New York, Jerseys, Pensylvania, Maryland, Virginia, North Carolina and Nova Scotia, and that are bona fide bound to some of the forementioned governments; all such coasters to pay only two shillings each time they clear out.

[SECT. 5.] That all fishing vessels, wood-sloops, &c., employed in bringing of fish, wood, stones, sand, lime or lumber, from any of the parts within this province, coming into said harbor of Boston, &c., pay five shillings at their first coming in or going out, and no further payment to be demanded of them by the space of one year next following.

[SECT. 7.] And the commissioner of [the] impost, or deputy, shall attend at his office at certain hours de die in diem, for entering ships and vessels, and to give certificate of paying the duty thereof to the naval officer, for which he shall demand and receive sixpence, and

no more.

[SECT. 8.] And no ships or vessels shall be cleared by the naval officer, until such certificate be produced that the duty of the lighthouse be paid; and the ship, with master, shall be charged with the duty thereof, till paid to the commissioner of impost.

And be it further enacted by the authority aforesaid,

[SECT. 9.] That the person who shall be appointed from time to time, by the general court or assembly, to be keeper of the sa[id][me] lighthouse shall carefully and diligently attend his duty at all times

in kindling the lights, from sun-setting to sun-rising, and plac774 ing them so as they may be most seen by vessels coming in or

going out; and upon conviction of neglect of his duty, before the court of general sessions of the peace within the county, shall be liable to be fined, according to the degree and circumstance[s] of his offence, not exceeding one hundred pounds, two-thirds thereof to be to his majesty to and for the support of the government of this his majesty's province, and the other third part thereof to the person or persons that shall inform of such neglect; to be recovered by bill, plaint or information in any of his majesty's courts of record within this Province. [Passed July 23.

No. 158.-1751, June 25: Act of the Province of Massachusetts Bay, 1751-2, Cap. 2.

An Act in addition to an act made and passed in the first year of the reign of His Majesty King George the First, intituled “An Act for building and maintaining a lighthouse upon the Great Brewster (called 'Beacon Island'), at the entrance of the Harbour of Boston."

Whereas the lighthouse at the entrance of the harbour of Boston hath been greatly damaged by fire, and it hath been ordered by this court that it should be repaired; and it being reasonable that the charge of such repairs should be borne by those who receive the immediate benefit thereof,

Be it therefore enacted by the Lieutenant-Governor, Council and House of Representatives,

That the commissioner of impost be and hereby is directed, by himself and his several deputies, to demand and receive of the master of every vessel (which, within the space of two years from the publication of this Act, shall clear out from any port within this province, being bound to any port without this province), over and above what is already by law provided, the following rates at each time of clearance; viz., for every vessel of less than one hundred tons, two shillings; for every vessel of above one hundred tons, and not exceeding two hundred tons, three shillings; and for every vessel of above two hundred tons, four shillings; the tonnage to be computed according to what such vessels may measure in carpenter's tonnage, and not according to the register of such vessel; and the said commissioner of

impost shall once in every quarter of the year pay such sums as he or his deputies shall receive for the aforesaid duties, to the province treasurer, to be applied to the uses aforesaid. [Passed June 22; published June 25.

No. 159.-1771, April 26: Act of the Province of Massachusetts Bay, 1770-71, Cap. 35.

An Act for building and maintaining a lighthouse or houses on Thatcher's Island [or] [on] the mainland of Cape Ann.

Whereas the headland of Cape Ann projects itself into the main ocean in such manner as to form two deep bays; one, to the northward, commonly called Ipswich Bay, and another, to the southward, called the Massachusetts, or, more commonly, Boston Bay; that there are two very dangerous ledges of rocks which lay off from the headland, which, for want of some guide, frequently prove fatal to vessels; and it being generally thought that a lighthouse, or houses, erected on Thatcher's Island, or the mainland of Cape Ann, would be very serviceable to the navigation and commerce of this province, and be a means of preserving the lives and estates of a great number of his Majesty's subjects, by directing the distressed, in stormy and tempestuous weather, into a safe harbour; therefore,

Be it enacted by the Governor, Council and House of Representatives,

[SECT. 1.] That there be a lighthouse or houses erected at the charge of the province, either on Thatcher's Island or the mainland of Cape Ann (as shall appear most convenient to a committee appointed by this court), to be kept lighted from sun-setting to sun-rising; that from and after the building of the said lighthouse or houses, and kindling a light or lights therein, there shall be paid to the receiver of impost, by the masters of all ships and vessels belonging to or entering any of the harbours in the province, to whom the said light shall be useful, the light duty or light-money as, by an Act of this province, passed in the first year of King George the First, intituled 'An Act for building and maintaining a lighthouse upon the Great Brewster, called Beacon Island, at the entrance of the harbour of Boston," the ships and vessels entering into or going out of the harbour of Boston are held to pay; and in case any vessels belonging to any of the harbours above referred to shall arrive at the harbour of Boston, and there pay the light-money to the impost officer, the said officer to give his certificate to his deputies that he has received the said light-money, so that it shall not be demanded again.

And be it enacted,

[SECT. 2.] That the commissioner or receiver of impost be and hereby is empowered, by himself, or his deputy by him appointed, to receive the said duties, and to recover the same, and give a certificate therefor, in the same way and manner as by the aforerecited act is provided.

775 And be it further enacted,

[SECT. 3.] That no ship or vessel belonging to the aforesaid ports (coasters excepted) shall be cleared by the naval officer, until a certificate be produced that the duty of the lighthouse be paid; and

the ship or vessel, with the master, shall stand charged with the duty thereof till paid to the commissioner of impost.

And be it further enacted,

[SECT. 4.] That the person appointed by this court to keep the said lighthouse, or houses, shall be under the same rules and directions. with respect to his duty, and also under the same penalty for neglecting the same, and the fines shall be recovered in the same way and manner, as in and by the aforerecited act is provided.

And be it further enacted,

[SECT. 5.] That a committee of this court be appointed to build the said lighthouse, or houses, of such dimensions, and in such manner, as they may be directed by the said court. [Passed and published April 26, 1771.

No. 160.-1772, March 24: Colonial Law of New York, Cap. 1556.

An Act to prevent the Destruction of Fish in the County of Suffolk.

Passed the 24th March, 1772.

Whereas the fish in the Bays, Rivers, and Creeks in the County of Suffolk, are greatly diminished, and are likely in a very short time to be entirely destroyed, by reason of the Inhabitants fishing with long Seines or Nets, in their Winter Quarters, to the great Damage of the Inhabitants of said County and the Public in general:-To prevent the same for the future,

I. Be It Enacted by his Excellency the Governor, the Council, and the General Assembly, and it is hereby enacted by the Authority of the same, that if any person or persons, after the publication of this Act, shall draw any seine or net of any length whatsoever, or set any seine or net of more than six fathoms in length, with Meshes not less than three Inches square, from the fifteenth day of November, to the fifteenth Day of April, in any Year during the continuance of this Act, in any of the Bays, Rivers or Creeks in said County, such Person or Persons shall for each Offence, forfeit the Sum of One Hundred Pounds, with Costs of Suit; to be recovered in any Court of Record within this Colony, by any Person or Persons that will sue for the same; the one half of the Forfeiture, when recovered, shall belong to the prosecutor or prosecutors; and the other half to be paid to the Treasurer of the said County, to be disposed of by the Supervisors, towards defraying the Public Expense of the said County.

II. Be It Further Enacted by the Authority aforesaid, That if any person or persons shall be discovered to have any Quantity of Fish, or to have sold any Quantity of Fish, from the fifteenth day of November, to the fifteenth day of April, such person or persons shall be deemed guilty, and shall suffer the same penalty as aforesaid, to be recovered and applied as above directed by this Act, unless he can make it appear that he has caught them otherwise than by such Seines or Nets prohibited by this Act.

III. And Be It Further Enacted by the authority aforesaid, That if any Person or Persons shall be seen to carry any Seines or Nets, in any fishing Craft in any of the Bays Rivers or Creeks in the said

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