14 LAWS RELATING TO 



alewives usually swim or pass ; any former law, usage or custom, to 

 the contrary notwithstanding. 



Provided, always, That it shall be in the power of any person at 

 any time, to make application to the court of sessions, setting forth 

 that the passage of other fish up such rivers or streams, is of such 

 advantage as to render a passage-way through any dam or dams 

 necessar}', and the justices of the court of sessions are impowered on 

 such application to appoint a committee to repair to such dam or 

 dams, and upon such committee's reporting that a passage-way or 

 ways for the fish is necessary, the dimensions thereof, and the time 

 for keeping it open, and upon such report's being accepted, the owner 

 or occupant of such dam or dams, shall be as fully obliged to make 

 and keep open such passage-way or ways as if shad, salmon or ale- 

 wives usually passed up such river or stream. 



And whereas, the mill-dam in the town of Watertown, referred to 

 in the aforesaid act of the fifteenth of his present majesty, has not 

 been subjected in like manner with the other mill-dams within this 

 province : 



Be it therefore enacted, That if any person or jiersons whatsoever, 

 shall cause the dam of said mill to be raised, so as to prevent the 

 passage of the fish over the same, at any time between the breaking 

 up of the ice in the winter or spring, and the first day of May annu- 

 ally, and in any year hereafter, without the express leave or consent 

 of the selectmen of the towns of Watertown and Newtown, every 

 person so offending, shall forfeit and pay the sura of five pounds for 

 each offence, to be recovered in any court of record proper to try the 

 same, and for the use of him or them that shall inform and sue 

 therefor. 



1781. 



An Act more effectually to prevent the Destruction of Alewives in their passage up the 

 Rivers and Streams in the Towns of Salem and Danvers. 



Whereas it is njecessary for the preservation of the fish called ale- 

 wives, in their passage up the rivers and streams in the towns of 

 Salem and Danvers, into the ponds at the head of those streams, that 

 the committees hereafter to be appointed in those towns, to see that 

 the passage-ways for said fish be not obstructed, should have their re- 

 spective jurisdiction enlarged, and further authority given them for the 

 purposes aforesaid. 



Sp. Laws, vol. 1, p. T). Sect. 1. That the towns of Salem and 

 Danvers shall be, and they are hereby respectively empowered and 

 directed at their meetings in March annually, each town to choose 

 three or more persons to see that the laws respecting the passage-ways 

 for said fish be observed. And each person so chosen shall take an 



