148 LAWS RELATING TO 



streams running from any of the ponds, or other waters there into 

 Mystick Pond, or Spy Pond, so called, in the same manner to all 

 intents and purposes that it would have extended in case the said town 

 of Woburn and the streams aforesaid had been mentioned and con- 

 tained in the said act ; and that it shall be lawful for any or all the 

 inhabitants of the said town of "Woburn to take shad and alewives 

 within the limits of that town, on all such da3's and times as in and 

 by the act aforesaid are allowed for the inhabitants for the towns 

 of Charlestown and Medford, respectively, to take said fish, and on 

 no other. 



Sect, 2. Be it farther enacted, That the owner or occupant of any 

 dam already built, or which may hereafter be built, in or upon an}' of 

 the streams aforesaid, shall make and maintain a convenient passage- 

 wa}' for shad and alewives to pass by, through or over such dam, and 

 keep the same constanth' open and free for said fish to pass up and 

 down therein, from the fifteenth day of April to the fifteenth day of 

 July, annually ; and if the owner or occupant of any such dam shall 

 refuse or neglect to make and build such passage-way, when thereto 

 requested by a majorit}'^ of the committee, for the preservation of fish 

 m either of the said towns of Charlestown, Medford or Woburn, or 

 shall neglect or refuse to open the same on the said fifteenth day of 

 April annually, or after the same shall have been so opened, shall 

 shut or obstruct, or permit or suffer the same to be shut or obstructed 

 within the term aforesaid, he shall forfeit and pay for each and every 

 such neglect or oflFence the sum of twenty dollars. 



Sect. 3, Be it further enacted, That from and after the passing of 

 this act, the several committees for the preservation of fish, to be 

 annually chosen in the said towns of Woburn, Charlestown and Med- 

 ford respectively, shall be chosen by ballot, and shall consist of three 

 freeholders, who shall not be interested in any such dam as aforesaid ; 

 and any person who shall be duly chosen a member of either of said 

 committees, and shall refuse or neglect to qualify himself, by taking the 

 oath required by law, within seven days next after he shall have been 

 duly notified of such choice, shall forfeit and pay the sum of twenty 

 dollars to the use of the town in which lie shall have been so chosen, to 

 be recovered by the treasurer thereof, in an action of debt in any court 

 proper to tr^' the same, in the count}' of Middlesex ; and the said 

 town shall proceed to a new choice ; and so, toties quoties. And it 

 shall be the duty of each and every member of an}- such committee 

 to see that the passage-ways aforesaid are made convenient for said 

 fish to pass up and down therein, and that the}' are kept constantly 

 open at and during all the time required by this act ; and to open and 

 clear the same, if any of them shall be found shut or obstructed 

 within the said term ; and if the owner or occupant of any such dam, 



