682

LAWS OF MARYLAND.

over the several canal dams on the Potomac river

Erect suitable

during the year next ensuing the passage of this

fi8h ways.

act, suitable fish ways or ladders, whereby the fish

may be able to ascend over the said dams, and the

sum of twenty-four hundred dollars, or so much

thereof as may be necessary, is hereby appropriated

for that purpose.

SECTION 15 D. The owner or owners of all dams

(except the canal dams) now erected or hereafter to

be erected in or across the Potomac river or streams

running into said river, up which fish are accustomed

Keep in re-
pair.

to run and spawn, shall make and keep in repair prop-

erly constructed fish ladders or fish ways to be placed

on said dams so as to afford to the fish in the said

river or streams, free course up and down said river

or streams, said ladders or fish ways to be approved

by the fish commissioner; and if any owner or own-

ers of such dams shall fail to comply with this provi-

sion within six months after notice has been served,

Failure to
comply.

as hereinafter provided, he or they shall be guilty

of misdemeanor, and upon conviction thereof in the

court of the county where such owner resides, shall

be fined not less than three hundred dollars nor

more than five hundred dollars, and such dam shall

be deemed a nuisance and liable to be abated as

other nuisances under the laws of the State.

SECTION 15 E. The county commissioners of the

county along which a dam or dams erected now or

hereafter to be erected in or across the Potomac

river or streams running into the said river, when

Give notice

satisfied that said dam or dams are so constructed

to owner.

as to cut off the fish from free course up and down

said river or stream, shall give notice to the owner

or owners to construct and keep in repair proper

fish ways or ladders as hereinbefore provided.

SECTION 15 F. Nothing in this act shall be so

construed as to prevent the catching of minnows or

small fish for angling or scientific purposes; nor to

prevent the commissioners of fisheries of this State,

How con-

or any person in their employ, from catching fish

strued.

with nets or otherwise, at any time, for the purpose

of propagation or stocking other waters; nor to

prevent any person from taking fish in any way, at

any time, from his private dam or pond which he

may have stocked with fish.