FISH DAMS.

1923

SEC. 3. And be it enacted, That if any slave or slaves what-
soever shall put, place or erect, any such fish dam, or place or
make any heap of stones, or other erection whatsoever, so as
to obstruct the navigation aforesaid, upon complaint, upon oath,
to a justice of the peace of said county, it shall be the duty of
said justice to issue his warrant, directed to the constable, to
apprehend said slave or slaves, and bring him or them before
him, or some other justice of the peace for said county, and
said offender or offenders shall be whipped, at the discretion
of said justice, not exceeding thirty-nine lashes.

Penalty oa
slaves
erecting
any such.

SEC. 4. And be it enacted, That if any person or persons
shall obstiuct or hinder any other person or persons in or from
pulling down, ptostrating or abating, any such nuisances as
aforesaid, or shall assault or wound any person for pulling
down, prostrating or abating, any such nuisance as aforesaid,
after attempting so to do, every such person, for every such
offence, besides being subject to the action of the injured for
damages, shall forfeit the sum of thirty pounds current money,
to be recovered, with costs, and applied as aforesaid.

On persons
preventing
their being
destroyed.

SEC. 5. And be it enacted, That in any action or suits for
recovery of any of the said penalties, and also in any action
for an assault, beating or wounding, for pulling down, pros-
tiating or abating, such nuisance as aforesaid, or for attempting
so to do, on affidavit, or other proof satisfactory to Frederick
county court, where such suit or action is depending, or their
being cause for bringing the same, the defendant shall and
may be compelled to give good and sufficient special bail.

Defendants,
in certain
canes to
givo bail

SEC. 6. And be it 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
theteof, on the geneial issue, without specially pleading the
same.

Act deemed
public, &c.

SEC. 7. And be it enacted, That this act, or any thing herein
contained, shall not hinder, or be construed to hinder or pre-
vent the erecting, or causing to be erected, any bridge or
bridges over said river Monocacy, with convenient niches for
admitting of boats, and other vessels of burthen, passing
through the same, with the least obstiuction that may be.

Not to pre-
vent the
erection of
bridges.

SEC. 8. And be it enacted, That it shall be the duty of
Fiedeiick county court, at evcrj term, to give this act in
chaigc to the grand jury,

AN ACT, entitled, an Act to repeal the first section of the Act of Assembly,
passed at December session, eighteen hundred and six, chapter seventy-
nine, and for other purposes — 1833, ch 226.

Act to be
given in
charge to
grind jury.

SEC. 1. Be it enacted by the General Assembly of Maryland,
That the first section of the act of assembly, passed at Decem-

Repeal