426 Assembly Proceedings, May 24-June 22, 1768.

Liber H. S.
No. 1

up or coming down the said Rivers or shall take or destroy any
kind of Fish whatsoever in any such Ware Fishing Dam Pott or
other Device aforesaid every such Person or Persons so offending
contrary to the true Intent and meaning of this Act being legally con-
victed thereof by the Oath of one or more credible Witness or

[Penalty
how to be
recovered
and applied]

Witnesses or by his or their Confession shall forfeit and pay the
sum of Twenty Pounds Current Money for every such Offence one
Moiety of which Sum so forfeited to be paid to the Informer or
Prosecutor and the other Moiety thereof to be paid to the Sheriff
of the County where the Recovery shall be had to be by him paid
and accounted for to the Justices of the several County Courts re-

p. 677

spectively and by them applied towards clearing the Nagivation of
the said Rivers to be Recovered by Action of Debt Bill Plaint or
Information with full Costs of Suit in any County Court of this
Province where such Offender shall be apprehended or reside

[Wears, &c.
may be

destroyed]

And be it Enacted by the Authority Advice and Consent afore-
said That it shall and may be lawful to and for any Person or Persons
whatsoever to break throw down remove and destroy all or any such
Ware or Wares Fishing Dam Pott or other Device built or set up
or to be built or set up in the aforesaid Rivers for catching of Fish as
aforesaid

[Persons
sued, may
plead the
general
issue]

And be it further Enacted by the Authority Advice and Consent
aforesaid That if any Person or Persons shall be sued or impleaded
for breaking throwing down removing or destroying any such Ware
or Wares Fishing Dam Pott or other Device built or set up contrary
to the true Intent and Meaning of this Act it shall and may be lawful
for such Person or Persons to plead the general Issue and give this
Act and the special matter in Evidence and if upon Trial the Plaintiff
or Plaintiffs shall be Nonsuit or shall discontinue his or their Suits
then and in such Case the Defendant or Defendants shall recover
double Costs

[Seins may
be drawn in
Patuxent,
from the 20^th
of February,
to the 20th
of May,
annually, 4
days in each
week]

And be it further Enacted That no Person or Persons whatsoever
shall from and after the twentieth Day of February next until the
twentieth Day of May ensuing and so Yearly and every Year during
the Times aforesaid hale draw or lay across any Sein or Seins thereby
to catch or take any kind of ffish in the said River of Patuxent from
Mount Calvert to the Head thereof except on Tuesday, Wednesday,
Thursday and Friday in each Week during the Times aforesaid and
the Continuance of this Act And that if any Person or Persons shall
hale draw or lay across any Sein or Seins on the 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

[Proviso]

Provided always that nothing in this Act contained shall prevent
any Person or Persons whatever from erecting such Wares as are