2262

WASHINGTON COUNTY.

any preference to any person or persons, but he shall attend
to each in his proper turn, that is to say, the first that comes
and applies to be the first ferried over, if the party shall so

Penalties
for violating

demand, and if the said ferryman shall wilfully neglect or re-
fuse to perform the duties required of him by the county com-
missioners as aforesaid, under the provisions of this act, and
shall thereby detain any person or persons for any time ex-
ceeding one hour, unless he shall have a lawful excuse as
aforesaid, then and in that case he shall forfeit and pay to the
party or parties so detained, the sum of two dollars for each
and every offence, to be recovered before a justice of the

Proviso.

peace, as small debts are now recoverable by law ; Provided
always, that the party prosecuting shall prove the same to the
satisfaction of the magistrate before whom the case may be
tried, by a competent and disinterested witness, that he was
detained longer than the time allowed by this act, and the fer-
ryman shall have the same right to prove by a competent disin-
terested witness his lawful excuse.

Further and
general
powers.

SEC. 3. And be it enacted. That the commissioners of Wash-
ington county, be, and they are hereby authorized to make all
such further and other regulations as regards the establishing
and conducting said ferry, which they may deem necessary for
the promotion of the public convenience, and for the purpose
of carrying into effect the provisions of this act.

Annual ap-
pointment.

SEC. 4. And be it enacted. That the commissioners aforesaid,
shall be required to make the appointment of the said ferryman
annually in the month of May, or oftener if necessary.

FISH.
AN ACT for the preservation of the breed of Fish in Antietam Creek.
1823, ch. 82.

Preamble.

WHEREAS, sundry inhabitants of Washington county, by
their petition to the general assembly, have set forth, that it is
their intention to introduce the fish of other streams to that of
the Antietam creek, provided a sufficient protection can be
given to those introduced, as well as the native fish of said
stream, and praying the aid and interference of the legislature
in their behalf; therefore,

Offence and
penalty.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That if any free person shall whip or beat the water in the
Antietam creek, or its tributary streams, Beaver creek, Long
Meadow branch, and Little Antietam, as far up those tributary
streams as the first mill-dams, from the Antietam, with poles,
sticks or other things for the purpose of driving the fish into
nets, seines, fish baskets, or other snare, or shall erect any fish
pot, or suffer those already erected, to remain two months after
the passage of this act, or shall fish with any net, basket, gig,