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HORATIO SHARPE, Esq; Governor.
this act; and that if any person or persons shall hale, draw or lay
across, any sean
or seans, on any other day or days, except as before excepted, during said
time,
and be thereof legally convicted, by the oath of one or more credible witness
or
witnesses, or by his or their confession, shall forfeit and pay the sum
of ten pounds
current money, to be recovered and applied as aforesaid. |
1768.
CHAP.
IV. |
VI. Provided
always, That nothing in this act contained, shall prevent any
person or persons whatever, from erecting such wears as are commonly set
in the
tides of the rivers, any where in the river Susquehanna where the tide
ebbs and
flows, nor in any part of the river Patuxent, below the place commonly
called
Mount-Pleasant. |
Proviso. |
VI. This act to continue for and during the
term of three years, and to the
end of the next session of assembly which shall happen after the end of
the said
three years.
Continued for three years, &c.
by the act of 1771, ch. 16, and for seven years, &c. by the act of
February,
1777, ch. 17, and for seven years, &c. by the act of 1784, ch. 83. |
Continuance. |
CHAP. V.
An ACT to prevent any obstruction
of the navigation in the river
Patowmack. |
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WHEREAS it is represented to this general assembly,
That the water
carriage is greatly obstructed by erecting fish-dams above the falls in
the river Patowmack and also in Monocacy river; |
Preamble. |
II. Be it therefore
enacted, by the right honourable the lord proprietary, by and
with the advice and consent of his lordship's governor, and upper and lower
houses
of assembly, and the authority of the same, That all fish-dams, or
other devices for
catching of fish, already made, or hereafter to be made, and all other
erections hereafter
to be made, in the river Potowmack, between the Great Falls and Wills's
creek, or in the river Monocacy, below the dividing thereof into the two
Pipe
creeks, shall be, and are hereby deemed and declared nuisances, and may,
by any
person or persons, be pulled down, prostrated and abated as such.
And that no
person or persons whatsoever, shall hereafter put, place or erect, any
such fish-dam,
or place, or make any heap of stones, or other erection whatsoever, within
the said
parts of either of the said rivers, under the penalty of fifteen pounds
current money,
for every such offence, to be recovered in any court of record within this
province,
with costs, by action of debt, bill of indictment, or information, wherein
but one imparlance shall be allowed; one half to the informer, or him or
them
that will sue or prosecute to effect for the same, and the other half thereof
to be
paid to the sheriff of Frederick county, to be by him accounted for and
paid to the
justices of said county, and by them applied towards clearing or improving
the
navigation of the said rivers. |
Fish-dams,
&c. erected
between the
Great Falls
and Wills's
creek, &c.
deemed nuisances.
No more to be
erected under
a penalty. |
III. And be
it further enacted, That if any person or persons shall obstruct
or
hinder any other person or persons in or from pulling down, prostrating
or abating,
any such nuisance as aforesaid, or shall assault or wound any person for
pulling
down, prostrating or abating, any such nuisance as aforesaid, or for attempting
so to do, every such person, for every such offence, besides being subject
to the
action of the injured party for damages, shall forfeit the sum of twenty
pounds
current money, to be recovered with costs, and applied as aforesaid. |
Persons obstructing
the
pulling down
such nuisance,
to forfeit 20 l.
&c. |
IV. And be it
further enacted, That in any action or suit for recovery of any
of the said penalties, and also in any action for an assault, beating or
wounding, for
pulling down, prostrating or abating, such nuisance as aforesaid, or for
attempting
so to do, on an affidavit, or other proof satisfactory to the court where
such suit
or action is depending, of there being cause for bringing the same, the
defendant
shall and may be compelled to give good and sufficient special bail. |
On suit
brought for
said penalties,
&c. bail to be
given. |
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