The declaration is bad, because it does not state that the fish warden gave notice of “ what is required to make such passage or sluice way sufficient and convenient,” and of “ the time in which the same shall be done,” as required by the act of 1835, c. 194, § 5, entitled “ an act for the preservation of the salmon, shad and alewive fisheries in Penobscot Bay and River, and their tributary waters.” As was decided in County of Hancock v. Eastern River L. & S. Co. ante, p. 303.