Inland fisheries. • 149 



situate as aforesaid, shall neglect or refuse to make and build suoh 

 passage-way, when thereto requested by a majority of either of the 

 said committees, it shall be lawful for the committee making such 

 request, and the}' are hereby directed, to make and build the same ; 

 and when it shall be completed by said committee, the said owner or 

 occupant shall pay to said committee double the amount of all the 

 expenses incurred or sustained by the said committee in making and 

 building the same, on demand. And the said committee shall have 

 a right to sue for and recover the same of such owner or occupant in 

 an action of the case, in any court proper to try the same, in said 

 county of Middlesex ; and each member of either of the committees 

 aforesaid shall have full power and authorit}' to do any act in either 

 of the said towns of Charlestown, Medford and Woburn, ^vhich, 

 before the passing of this act, might have been lawfully done by a 

 majority of either of said committees, in the town where such com- 

 mittee was chosen ; and shall be entitled to and enjoy all the privi- 

 leges and protection, when acting as such in either of said towns, 

 which before the passing of this act a majority of either of the said 

 committees were entitled to and enjoyed, when acting within the lim- 

 its of the town in which they were chosen. 



Sect. 4. Be it further enacted, That it shall be lawful for the 

 inhabitants of the said town of Woburn, at their annual meeting in 

 March or April, to sell or otherwise dispose of the privilege of taking 

 shad and alewives in the streams aforesaid, so far as the same run 

 wholly within the limits of that town, at such times only as are or 

 may be allowed by law for said inhabitants to fish, and to fix on and 

 determine the place or places where said fish shall be so taken, and 

 appropriate the emoluments arising therefrom to such purpose as the 

 said town shall determine. 



Sect. 5. Be it further enacted^ That if any purchaser or manager 

 of said fisher}' in said Woburn, shall take or catch any of the said 

 fish at any other place than the place or places which shall be fixed 

 on and determined by the said town as aforesaid, and if any person 

 other than such purchaser or manager, and those in the employ of 

 such purchaser or manager, when said privilege shall have been dis- 

 posed of by said town as aforesaid, shall take or catch, or attempt to 

 catch, any of the said fish within the said town of Woburn, each and 

 every person so offending shall forfeit and pay the sum of twenty dol- 

 lars to the use of said town, to be recovered by the treasurer thereof 

 in an action of debt, in any court proper to try the same in the 

 county of Middlesex. 



Sect. 6. Be it farther enacted^ That all forfeitures which may be 

 incurred for a breach of this act, not herein otherwise appropriated, 

 shall be recovered in an action of debt, in the name of any one or 



