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N:o 5. An Act to Prevent any Obstruction of the Navigation in the River
Potowmack
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 Potowmack and also in Monococy River
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[Preamble]
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Be it therefore Enacted by the Right Honourable the Lord Pro-
prietary by and with the Advice and Consent of his Lordships Gov-
ernor and the Upper and Lower Houses of Assembly and the
Authority of the same That all ffish Dams or other Devices for catch-
ing of Fish already made or hereafter to be made and all other
Erections hereafter to be made in the River Potowmack between
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[Fish-dams,
&c. erected
between the
Great-
Falls and
Will's Creek,
&c. deem'd
nuisances]
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the Great Falls and Wills's Creek or in the River Monococy below
the Dividing thereof into the two Pipe Creeks shall be and are
hereby deemed and declared Nusances 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
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p. 678
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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 Navi-
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[No more to
be erected
under a
Penalty]
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gation of the said Rivers
And be it further Enacted That if any Person or Persons shall
obstruct or hinder any other Person or Persons from pulling down
prostrating or abating any such Nusance as aforesaid or shall assault
or wound any Person for pulling down prostrating or abating any
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[Persons
obstructing
the pulling
down such
Nuisance, to
forfeit 20 1.
&c.]
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