84 LAWS RELATING TO 



1801. 



[Sp. Laws, vol. 1, p. 512.] 



An Act for providing a Passage for Fish from Mystic River to Ell Pond, so called, in 



the Town of Maiden. 



Sp. Laws, vol. 2, p. 431. Whereas sundry inhabitants of the town 

 of Maiden, and Samuel Tufts, have made an agreement respecting 

 the passage of fish in the waters leading from Mystic River to Ell 

 Pond, in said town : 



Sect. 1. Be it enacted, That it shall and may be lawful for 

 Cotton Sprague and others, being sundry inhabitants of the westerly 

 part of Maiden, who have petitioned this court to adopt some measure 

 for securing a passage for shad and alewives from Mystic River to 

 Ell Pond, so called, in said Maiden, at their own expense, to con- 

 struct a passage-way for said fish, over the mill-dam of Samuel Tufts, 

 which stands on the stream leading from said pond, and for that pur- 

 pose to cut away so much of the waste-board between the two eastern- 

 most posts of said dam as to reduce the same four inches below his 

 right to flow, so as to admit of said passage-waj' to pass over said 

 dam in that place, and so up said stream ; which said passage-way 

 shall be built and kept in repair, for the term of five years from the 

 passing of this act, from the tenth day of April to the twentieth day 

 of May inclusive, in each year, at the expense of said petitioners, 

 unless at any time said passage-way should be wantonly or maliciously 

 injured or destroyed, in which case it shall be the duty of the inhab- 

 itants of said town of Maiden to repair the same ; and if the inhab- 

 itants of said town shall neglect or refuse to repair the same accord- 

 ingh', within seven days after the same shall have been injured as 

 aforesaid, it shall be lawful fur an}' one or more of said petitioners 

 forthwith to repair the same, and to recover of said inhabitants 

 double the expense of such repairing, with costs of suit, by an action 

 on the case, in any court proper to try the same. 



Sect. 2. Be it further enacted^ That it shall be the duty of the 

 said Samuel Tufts, during the said term of Sa^c years, 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, that it shall and may be lawful for an}- one or more of the peti- 

 tioners to repair the same, and to recover of said Samuel Tufts 

 double the amount of the expense thereof with costs of suit, b}' 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 da}' of April to the fifteenth day of May annually, except 

 his mills for grain. 



