LAWS OF MARYLAND.—1768. 117
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. |
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SEC. 3. 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 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. |
Penalty on
persons
obstructing,
&c. |
SEC. 4. 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, prostra-
ting or abating, such nuisance as aforesaid, or for attempting so
to do, upon 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,
bail to be
given. |
SEC. 5. And be it also enacted, That this act shall be deemed
a public act, and the same shall and may be given in evidence,
in justification of or for any matter or thing done by virtue
thereof, on the general issue, without specially pleading the
same. |
Deemed a
public act. |
SEC. 6. Provided always. That this act, or any thing therein
contained, shall not hinder, or be construed to hinder or pre-
vent, the erecting, or causing to be erected, any bridge or
bridges over the said river Monococy, with convenient arches
for admitting of boats and other vessels of burthen passing
through the same, with the least obstruction that may be.
CHAPTER 10.
AN ACT for the recovery of certain amerciaments, and also upon defaults
on executions.
This law is merged in 1794, ch. 54, sec. 1, 2, 3. |
Proviso. |
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