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ROBERT WRIGHT, ESQUIRE, GOVERNOR.
CHAP. LXXIX.
An Act, entitled, A supplement to an act (a), entitled An
act to prevent
any obstruction of the navigation in the River Potomac.
Lib.
TH. No. 1, fol. 274.
(a) 1768, ch. 5.—See 1802, ch. 84. |
1806.
CHAP. 79.
Passed Jan. 4, 1807. |
WHEREAS the law to which this is a supplement has
not had the
desired effect of preventing obstructions in the river Monocacy;
therefore, |
Preamble. |
2. BE IT ENACTED, by the General Assembly
of Maryland, 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 Monocacy, below the mouth of Pipe Creek, shall be
and they are hereby declared nuisances, and may by any person or
persons be pulled down, 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 river, under the penalty of
twenty pounds current money for every such offence, to be recovered
in Frederick county court, with costs, by action of debt, bill
of indictment on information, 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 the levy court of said
county, towards defraying the county charges. |
Fish dams declared
nuisances and
may be destroyed. |
3. AND BE IT ENACTED, That if any slave or
slaves whatsoever
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
inches. |
Penalty on slaves
erecting any such. |
4. AND BE IT ENACTED, That if any person or
persons shall obstruct
or hinder any other person or persons in or from pulling
down, prostrating 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. |
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, prostrating 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 cases, to
give bail. |
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 thereof, on the general
issue, without specially pleading the same. |
Act deemed public,
&c. |
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