ALBERT C. RITCHIE, GOVERNOR. 1175

OBSTRUCTION TO PASSAGE OF FISH.

Sec. 12. It shall be unlawful to place any net or other ob-
struction at the mouth of any creek, cove or inlet so as
to impound any fish and prevent them from having free pas-
sage to and from such waters; or to obstruct any stream above
where the tide ebbs and flows so that the fish shall not have
free access up and down the stream, except where dams are
erected and fish ladders maintained under the provisions of this
Article.

FISH LADDERS.

Sec. 13. Every owner of a dam or dams upon any of the
waters of the State is hereby required to make and keep in
repair, or cause to be made and kept in repair, and placed upon
said dam or dams at least one fish ladder of such a character
as to enable fish to have a free course up and down said waters
at all times. But in lieu of requiring the erection of such fish
ladder or ladders pursuant to the above provisions and in lieu
of requiring the construction and maintenance of fish ways or
fish ladders pursuant to the provisions contained in any charter
heretofore granted to any corporation by any special or gen-
eral laws of this State, and in lieu of all and singular the lia-
bility imposed thereby or consequent therefrom, in or upon any
dam where the same is not deemed by the Conservation Com-
missioner of Maryland to be practical or advisable for the as-
cending or descending of fish, or to permit the passage of fish
from the waters below to the waters above any such dams, the
said Conservation Commission is empowered to enter into an
agreement with the owner, lessee or operator of such dam to
pay to the Conservation Department of Maryland annually, or
at other stated periods a sum of money which shall be not less
than four and one-half per centum (4½%) per annum upon
the estimated cost of the erection of such fish ladder or ladders,
except in such cases where the amount so calculated would be
equal to or exceed the sum of four thousand dollars ($4, 000)
per annum, then the annual payment shall in all such cases be
four thousand dollars ($4, 000) per annum to be expended by
the said Department for the purpose of stocking with food fish
the waters of the pool above and of the stream below said dam,
and for the purpose of propagating, rearing and distributing
the fish actually placed in said waters, and the acquisition of
the necessary facilities therefor. Any money received by the
Conservation Department pursuant to such an agreement shall