116 LAWS OF MARYLAND.—1768.
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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 non-suit, or shall discontinue his or their suits, then and
in such case the defendant or defendants shall recover double
costs. |
Seans may
be drawn in
Patuxent,
&c. |
SEC. 5. 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 sean or seans, thereby to catch or take any kind of fish 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 sean or seans, 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 ap-
plied as aforesaid. |
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Proviso. |
SEC. 6. 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 sides 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.
Enacted into a permanent law by 1798, ch. 71.
CHAPTER 5,
AN ACT to prevent any obstruction of the navigation in the river
Patowmack.
See note lo May 1768, ch. 7, |
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Preamble. |
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 Monococy river; |
Fish-dams,
&c. deemed
nuisances,
&c. |
SEC. 2. Be it therefore enacted, by the right honourable the
Lord Proprietary, by and with. the advice and consent of his
lordship's Governor, and the Upper and Lower Houses of Assem-
bly, 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
Patowmack, between 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
nuisances, and may, by any person or persons, be pulled down, |
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