JOHN LEE CARROLL, ESQUIRE, GOVERNOR. 87

	to advise them in the execution of the powers vested
	in them by this act, and to appear for them in the said
	court to answer such objections, if any be made as
	aforesaid, and the County Commissioners of Dor-	County Com- missioners re-
	chester County are hereby required to pay such com- pensation to said counsel as the Circuit Court shall	quired to pay counsel.
	allow.
	SEC. 6. And be it enacted, That after the said re-
	port, or amended report, shall be confirmed and rati-
	fied as aforesaid, it shall not be lawful to build or	Not lawful to
	erect any wharf, pier, improvement, or any struc- ture of any kind in the said creek or its branches,	build.
	or extend the same from either shore, or to ex-
	tend any wharf, pier or other improvement already
	existing beyond or outside the building line estab-
	lished as aforesaid, and every person offending
	against the provisions of this act, shall be deemed
	guilty of a public nuisance, and on indictment and	Penalty.
	conviction in said court, shall be fined a sum equal
	to the cost of removing said nuisance, and shall be
	confined in the county jail until the said fine, and
	costs are paid, and to enable the court to determine
	the amount of the said fine, they shall at the time
	of the trial hear evidence of the probable cost of re-
	moving such nuisance; and if any person shall un-
	load, discharge or throw overboard any ballast,
	stones, shells, earth, sawdust or other like matter,
	or suffer the same to run from their premises into
	the said creek or harbor defined as aforesaid, or shall
	fill up or obstruct the navigation of the same, he or
	she shall be deemed guilty of a public nuisance, and
	shall on indictment and conviction as aforesaid, be	Penalty.
	punished by fine, at the discretion of the court, and
	be committed as aforesaid until the said fine and
	costs are paid, for a period not less than thirty days
	nor more than six months, in the discretion of the
	court ; provided that the bedding of oysters in said
	creek above the railroad bridge, as it now spans said
	creek, is not to be embraced within the provisions of	Not to be em-
	this section; and provided, that this section shall	biaced.
	not be construed to apply to such marine railways	Marine Rail-
	as are now or may hereafter be constructed to run	ways.
	into said creek, or to the obstructions and improve-
	ments necessarily incident thereto.