fending.

any other implement of that kind, or made to answer such purpose, except as is hereafter in this Act provided; and every person offending herein shall, upon due conviction, Penalty for of- forfeit and pay the sum of three pounds for every such offence, and shall also forfeit the implements or tools used in committing the offence. And no person shall, at any time, place any kind of obstruction in said river, streams, or ponds, which may obstruct or hinder any shad or alewives from passing up or down the same. And no person shall be permitted, by disturbing the waters aforesaid, or by any other means, to restrain or interrupt any of those fish in their passage up and down said river and streams. And every person offending in either of these particulars shall, upon conviction, forfeit and pay the sum of three pounds for every such offence; and every wear, net, or other obstruction, matter or thing placed or used for such purpose, shall also be forfeited if found in any of the waters aforesaid, and shall be disposed of by said committee, or majority of them, for the same purpose as the other forfeitures are to be applied to by this Act, so far as the proceeds of the sale shall not be necessary for the particular appropriations in this Act.

Times set for inhabitants to fish.

Every inhabi

tant, shall, in

have the right of catching fish on the days mentioned.

SECT. 3. Be it further enacted by the authority aforesaid, That in order to secure to said towns of Cambridge, Charlestown, and Medford, their equal benefit from said fishery, the inhabitants of the town of Cambridge shall, within the limits of that town, have full right to catch with any kind of net, seine, or other fishing implement, any shad or alewives, on Monday, Tuesday, and Friday in every week, from the first day of March to the last day of June, inclusively; and the inhabitants of Charlestown and Medford shall, in like manner, in their respective towns, have full right to catch any shad or alewives in the waters aforesaid, on Monday, Wednesday, and Friday in every week, included in said

term.

SECT. 4. Be it further enacted by the authority aforesaid, his own town, That every person being an inhabitant of either of those towns shall, each in his own town, in the river, streams, and ponds aforesaid, with any kind of fishing implement, on those days only, which are with respect to each of said towns before mentioned, have the right of catching said fish between sun-rising, on said days before mentioned, until sun-rising on the next day; and no obstruction, instrument, or tool, shall be set, placed, or used, for the purpose of hindering or catching of the fish aforesaid, in the waters aforesaid, till the sun shall be risen on said days; nor shall any such instrument be permitted to remain or to be used in said river, streams, or ponds, after the rising of the sun as aforementioned; and no such obstruction shall be allowed to be placed, used, or to remain in said river, streams, or ponds, on any

other days or times than is herein limited and prescribed, under the same penalties and forfeitures, to be incurred by any and every person placing or using the same, as are provided by this Act to be forfeited and paid by persons catching such fish, except as this Act provides.

Penalty if

inhabitants of

towns take or

alewives, with

out leave.

SECT. 5. Be it further enacted by the authority aforesaid, That if any inhabitant of any other town shall, at any time, any other take or hinder shad or alewives, within the limits of either of hinder shad or said towns, without leave first obtained from the Selectmen of the town in which he shall take or hinder those fish, or unless the person taking or hindering them shall be immediately in the employ or service, and laboring for the benefit of some inhabitant of such town, every person so offending shall, upon a due conviction, forfeit and pay the same penalties and forfeitures as by this Act are provided against persons taking, obstructing, or hindering said fish at any other times other than those particularly permitted.

authorized to

seize, remove, plements used or taking fish,

or sell, any im.

for hindering

etc.

SECT. 6. Be it further enacted by the authority aforesaid, Committee That the said committee, or a majority of them in their respective towns, shall have full authority to execute this Act, so far as relates to seizing, removing, and selling any implements or tool used for hindering, taking, disturbing, or turning back the fish in said river, streams, or ponds, and in and after the execution of said trust, they shall not be considered as guilty of a trespass therein, nor shall any action lie against them, or either of them, for any necessary damage done to the lands or fences of any person in executing said trust; but if the proceeds of the sale of said implements, or other materials, shall be found insufficient to defray all the necessary charges, and the reasonable fees of the committee, not exceeding four shillings, to each committee-man, for each day so spent by him, and also all reasonable and necessary assistance, then the remainder of such damages and costs shall be recovered in an action of debt, to be brought by the persons to be benefited by the same, whether committee-men, or persons owning the lands or fences damaged, with all the Penalties, and costs of suit against the person committing the offence, in any court proper to try the same, within the county of Middlesex. And the said committee, or any other person, may sue for and recover upon due and legal conviction, in any court proper to try the same, all penalties which shall arise, or become due in their respective towns, for any breach of this Act, either upon action of debt, or upon indictment or information; one-half of the penalty to accrue to the person recovering the same, the other half to be paid to the Treasurer of the town where the offence was committed, for the use of the poor of the same town.

SECT. 7. Be it further enacted by the authority aforesaid, That all fines and penalties that may be incurred for a breach

how recovered.

Limitation.

of this Act, not exceeding four pounds, may be sued for and recovered before any Justice of the Peace, for the county of Middlesex, saving the right of appeal to any person aggrieved, by the sentence of said Justice, to the Court of General Sessions of the Peace, next to be holden for said county. This Act to be in force for the space of five years, from the first day of March next, and no longer. (February 16, 1789.)

Act continued.

Towns extended to.

AN ACT for continuing an Act made in the year of our Lord one thousand seven hundred and eighty-nine, entitled “An Act to prevent the destruction of the fish called Shad and Alewives, in the Mystic River, so called, within the towns of Cambridge, Charlestown, and Medford, and for repealing all laws heretofore made for that purpose," and also for extending the said Act to the towns of Woburn and Malden.

SECTION 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, that the said Act in every article and clause, matter and thing, shall continue and be in force after the first day of March next; anything in the said Act to the contrary notwithstanding.

SECT. 2. And be it further enacted by the authority aforesaid, That the said Act shall extend to the towns of Woburn and Malden in the same manner as it would have extended in case the said towns had been expressly named in the said Act. (February 27, 1794.)

Fish not to be caught in Fresh Pond.

Penalty.

AN ACT to prevent the catching fish with seines in Fresh Pond (so called) in the towns of Cambridge and Watertown.

Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That from and after the passing of this Act it shall not be lawful to catch any fish with seines in Fresh Pond (so called) situated in the towns of Cambridge and Watertown; and any person who shall be found so catching fish, or who shall use a seine in the same pond in any manner whatsoever shall, for each offence, forfeit a sum not exceeding fifty nor less than five dollars; to be recovered by an action of the case to the use of the person who shall sue for the same. (June 17, 1797.)

AN ACT to incorporate certain proprietors of Fresh Pond Meadows

in the town of Cambridge, in the county of Middlesex, for
the purpose of draining said Meadows.

corporated.

SECTION 1. Be it enacted by the Senate and House of Proprietors inRepresentatives, in General Court assembled, and by the authority of the same, That from and after the passing of this Act, the proprietors of all the meadow lands in the town. of Cambridge, situated between Menotomy Bridge and Fresh Pond, which have heretofore been taxed by the Commissioners of Sewers, be, and hereby are, incorporated by the name of the Proprietors of Fresh Pond Meadows; and by that name may sue and be sued, and do and suffer such acts and things as Bodies Corporate ought to do or suffer, Provided, Proviso. that the lands of Samuel Whittemore, Jr., Jonathan Whittemore and Josiah Whittemore, are not included therein.

ing first meet

SECT. 2. Be it further enacted, That upon the application Mode for callof six or more of said proprietors to any Justice of the Peace ing. in the said county of Middlesex, said Justice is hereby authorized to issue his warrant, directed to one of said proprietors, to notify a meeting of said proprietors, at such time and place, and for such purposes as shall be expressed in such warrant; which warrant and notification thereon shall be published in one of the Boston newspapers, and also be posted in some public place in each of the towns of Cambridge, Charlestown, and Watertown; such publication to be ten days, at least, before the time of meeting.

officers, regu

raise moneys,

SECT. 3. Be it further enacted, That said proprietors, To appoint when legally assembled, shall have power, from time to time, late meetings, to choose a Clerk, Committee, Assessors, Collectors of taxes, etc. and Treasurer, who shall be sworn to the faithful discharge of their duty; which officers shall have the same power to carry into effect any vote or order of said Corporation, as town officers of like description have by law to do and perform in their respective offices; and the said Corporation shall at their first meeting determine on the manner of calling future meetings; and said Corporation, at any legal meeting for that purpose, shall have power to raise moneys for the purpose of removing the obstructions which may be in the brook leading from Fresh Pond to Mystic River, or for any other purpose which they shall think conducive to draining said meadows; and the said proprietors shall have the right to pass up and down the banks of the said brook, from Fresh Pond to Russell's Bridge in Charlestown, and to do and perform all things which may be necessary to clear out said brook, and remove all obstructions therein. (March 4, 1800.)

Persons set off.

set off.

AN ACT to set off Nathaniel Prentiss and others from the town of Charlestown, in the County of Middlesex, and annex them to the town of Cambridge, in the same county.

SECTION 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Nathaniel Prentiss, Josiah Willington, Stephen Goddard, Benjamin Goddard and Nathaniel Goddard, together with the lands situated Boundary land within the following lines, viz.: Beginning at the southeasterly side of the house lot of Stephen Goddard, at the point where the boundary line between said house lot and the lands of Walter Frost intersects the north-easterly line of Cambridge, thence running north-easterly by said boundary line, to the road leading by the house of Timothy Tufts; thence north-westerly by said road, to the line which divides the lands of Nathaniel Goddard from the lands of Nathan Watson; thence south-westerly by the line last mentioned to Cambridge line; thence south-easterly by Cambridge line to the point of beginning, be, and hereby are set off from the town of Charlestown, and annexed to the town of Cambridge.

Provision respecting debts and taxes.

SECT. 2. Be it further enacted, That the said Nathaniel Prentiss, Josiah Willington, Stephen Goddard, Benjamin Goddard and Nathaniel Goddard, with such parts of their estates as are set off by this Act, shall be held to the payment of all taxes already assessed upon them by the town of Charlestown, and also be held to the payment of their respective proportions of the debts due from the town of Charlestown (after deducting therefrom the school funds) as follows, viz.: Nathaniel Prentiss, fourteen dollars; Josiah Willington, fourteen dollars; Stephen Goddard, twelve dollars; Benjamin Goddard, eleven dollars; Nathaniel Goddard, nine dollars; and the town of Charlestown shall have the right to assess the several sums aforesaid on the polls and estates so set off, at any time within one year from the passing of this Act, if the same shall not be paid to the treasurer of said town, prior to such assessment. (March 6, 1802.)

AN ACT to empower the Selectmen of Cambridge to increase the number of Enginemen in said town.

Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the Selectmen of the town of Cambridge be, and they hereby are, authorized and empowered, at any time after the passing of this Act, to appoint (if they shall judge it