Chap. 0087 An Act to revive and extend an act, entitled, "an act providing a passage for fish from mystick river to eell pond, so called in the town of malden."

Sec. 1. Be it enacted by the Senate & House of Representatives, in General Court assembled, and by the authority of the same, that it shall be lawful for the town of Maiden, at their own expense, to construct a passage way for the fish over the mill dam of Samuel Tufts, which stands

on the stream, leading from said pond, and for that purpose to cut away so much of the waste board, between the two easternmost posts of said dam, as to reduce the same four inches, below his right to flow, so as to admit of said passage way, to pass over said dam, in that place, and so up said stream, which said passage way shall be built & kept in repair until the seventh day of March in the Year of our Lord one thousand eight hundred & eleven, from the tenth day of April to the twentieth day of May inclusive, in each year, at the expence of said town.

Sec. 2. Be it farther enacted, that it shall be the duty of the said Samuel Tufts, during said term, to keep his said dam, in as good repair as it now is; and if, at any time, the same shall be out of repair, and he shall not repair the same in a reasonable time, it shall and may be lawful for the town to repair the same, and to recover of said Samuel Tufts, double the amount of the expence thereof, with costs of suit, by an action of the case, in any Court proper to try the same ; and also that the said Samuel Tufts, shall not improve any mill from the fifteenth day of April to the fifteenth day of May annually, except his mills for grain ; and if the said Samuel Tufts should, at any time, waste, or draw oft' the water above said dam, with an intent to defeat the object of this Act, he shall forfeit & pay for each offence, a sum not exceeding Fifty Dollars, nor less than Twenty Dollars, to be recovered as is provided in this Act.

Sec. 3. Be it further enacted, that it shall be lawful, for the said town of Maiden, at their annual meeting in March or April annually, during said term, to choose a Committee, by ballot, of three, five or seven, freeholders of said town, whose duty it shall be, & they or the major part of them, are hereby authorised & empowered to keep the stream aforesaid free and clear of all obstructions to the passage of said fish, through the whole course of said stream from My stick river to Fell Pond. Provided, that nothing in this Act contained shall be so construed as in any manner to affect any interest in said stream, or the privileges or appurtenances thereto belonging, claimed by said town, or by the said Samuel Tufts.

Sec. 4. Be it further enacted that during the said term, it shall not be lawful for any person, to take any shad or alewives in the said stream, oftener, or more than two days in each week, viz, from sun rise on monday morn-

ing to sun rise on tuesday morning, and from sun rise on friday morning to sunrise on Saturday morning in each week : And if any person shall offend against this prohibition, he shall forfeit & pay the sum of ten cents for each fish which he shall so take, to be recovered with costs of suit, by any one or more of the said Committee, who may first sue for the same, by action of debt in any Court proper to try the same, one half of which forfeiture, shall enure to the use of the said town, and the other half to him, or them, who may sue therefor.

Sec. 5. Be it further enacted, that if any person or persons shall erect any wear, or obstructions of any kind, across the said stream, so as to obstruct the passage of said fish, he or they so offending, shall forfeit and pay a sum not exceeding twenty dollars, nor less than ten dollars, for each offence, to be recovered by action of debt, in any Court proper to try the same, by any person who may sue for the same, one half of which forfeiture shall enure to the use of the said town, and the other half to him or them who may sue therefor.

Sec. 6. Be it further enacted, that this act shall continue and be in force, untill the seventh day of March in the year of Our Lord One thousand, eight hundred and eleven and no longer, except as to any prosecution, for any penalties, or actions for recovering any expences which may then be depending, according to the provisions thereof.

Approved March 10, 1806.