LAWS OF MARYLAND.—1768. 115
The other acts on this subject are 1811, ch. 169; 1813, ch. 91; 1819,
ch. 175; 1821, ch. 209, 1822, ch. 214; 1823, ch. 81, 109; 1825, ch. 140;
1826, ch. 96; 1828, ch. 128; 1831, ch. 232; 1832, ch. 264; 1833, ch. 226;
1834, ch. 311; 1835, ch. 337 ; 1837, ch. 291. |
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WHEREAS it is found by experience that large quantities of
young fish, unfit for use, have been for many years past killed
and destroyed by wears, dams, pots and other devices, formed
and erected in the rivers of Susquehanna and Patuxent, for the
taking of fish, whereby great quantities of fish, which were
formerly to be found and taken in said rivers, and other rivers
in this province, are much diminished, to the great damage and
injury of the public; for remedy whereof, |
Preamble. |
SEC. 3. Be it enacted, by the right honourable, the Lord Pro-
prietary, by and with the advice and consent of his Lordship's
Governor, and the Upper and Lower Houses of Assembly, mid
the authority of the same, That if any person or persons what-
soever, from and after the end of this session of assembly, shall
build, set up, repair or maintain, or shall be aiding, assisting or
abetting, in building, setting up, repairing or maintaining, any
such wears, fishing dams, pots, or any other devices whatsoever,
for the taking of fish within the rivers aforesaid, by which the
fish may be obstructed from going up or coming down the said
rivers, or shall take or destroy any kind of. fish whatsoever, in
any such wear, fishing dam, pot, or other device aforesaid, every
such person or persons, so offending, contrary to the true intent
and meaning of this act, being legally convicted thereof by the
oath of one or more credible witness or 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 ac-
counted for to the justices of the several county courts respec-
tively, and by them applied towards clearing the navigation 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.
See 1822, ch. 214. |
Persons not
to build or
repair
wears, &c. |
SEC. 3. And bo it enacted, by the authority, advice and con-
sent aforesaid, 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 wear or wears, fishing dam, pot or
other device, built or set up, or to be built or set up, in the
aforesaid rivers, for catching of fish as aforesaid. |
They may
be des-
troyed. |
SEC. 4. 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 wear or wears, fishing dam, pot or other |
General
issue plead-
able. |
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