JOSEPH KENT, ESQUIRE, GOVERNOR.

1826.

the provisions of this bill; Provided also, that he shall be al-
lowed by the orphans court aforesaid all necessary expenses, ex-
cept personal expenses.

CHAP. 38.

CHAP. XXXIX.
An Act to prevent Boats and other Vessels from taking Sand from that part
of the Eastern Branch of the Potomac, lying and being in Prince-George's
County.

Passed Jan. 27,1827

WHEREAS it has been represented to this general assembly, by
the petition of sundry inhabitants of Prince-George's county, that
great injury has been done to the navigation of all that part of the
Eastern branch, which is in said county, by boats or other ves-
sels visiting and frequenting the said branch or river, for the
purpose of taking nd therefrom: And whereas the citizens of
said county, and more particularly those in the immediate vici-
nity of Bladensburgh, are importantly interested in keeping
open the navigation of the said branch or river; Therefore,

Preamble

1. Be it enacted by the General Assembly of Maryland,

That from and after the passage of this act, it shall not be law-
ful for any boat or boats, or vessels of any description, to visit
that part of the said Eastern branch of the Potomac, which lies
in Prince-George's county, for the purpose of collecting and
carrying away sand from said branch.

Vessels prevented
from carrying and
from branch

2. And be it enacted, That if after the passage of this act,
any boat or boats, or vessels of any other description, shall vi-
sit that part of the said branch or river, for the purpose of tak-
ing sand from the shore or shores, or from any other part of
said branch or river, it shall and may be lawful for any justice
of the peace for said county, upon information being given to
him of the same, to issue a warrant to a constable, or any other
person living in said county, commanding him to seize and take
said boat or boats, vessel or vessels, or any other device used
for taking sand from that part of said branch or river; and the
said constable, or other person, to whom such warrant shall be
directed, shall have full power and authority to summon a posse
of the county aforesaid, to enable him to execute said warrant,
and any person or persons so summoned and refusing to act,
shall be liable to the same penalties as persons summoned by she-
riffs to enforce the laws of the state or the mandates of the courts
of the state are, upon their refusal to act.

May be seized
for so doing

3. And be it enacted, That the said constable, or other per-
son, to whom such warrant shall be directed, is hereby required
to make return thereof to any justice of the peace of said coun-
ty, and if it shall appear from said return that said boat or boats,
or other vessel or vessels used for the purpose aforesaid, have
been taken as directed by said warrant, it shall be the duty of
said justice of the peace, to advertise said boat or boats, vessel or
vessels, for sale, and after having given ten days notice of the
time and place of sale, by advertisements at the public places in
the neighbourhood, shall make sale of the same to the highest
bidder, for cash, an done half of the proceeds of said sale, after pay-
ing the constable, or other person, to whom such warrant shall be
directed, the sum of two dollars, and after deducting such pound-
age as is allowed to sheriffs on writs of fieri facias, as a compen-

4

And advertised
and sold