1756 LAWS OF MARYLAND., [CH. 1008
CHAPTER 1008.
(House Bill 332)
AN ACT to repeal and re-enact, with amendments, Section 16
of Article 39 of the Annotated Code of Maryland (1939
Edition), title "Fish and Fisheries", sub-title "General Pro-
visions"; and Section 90 of Article 99 of the Annotated Code
of Maryland (1943 Supplement), title "Birds, Game and
Inland Water Fish", sub-title "Game and Fresh Water
Fish", providing that one half of the monies received on
behalf of the Conowingo Dam shall be credited to the State
Game Protection Fund; and correcting an error in said
Section 90 of Article 99.
SECTION 1. Be it enacted by the General Assembly of Mary-
land, That Section 16 of Article 39 of the Annotated Code of
Maryland (1939 Edition), title "Fish and Fisheries", sub-title
"General Provisions", and Section 90 of Article 99 of the
Annotated Code of Maryland (1943 Supplement), title "Birds,
Game and Inland Water Fish", sub-title "Game and Fresh
Water Fish", be and they are hereby repealed and re-enacted,
with amendments, to read as follows:
16. (Fish Ladders. ) 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 mainte-
nance of fish ways or fish ladders pursuant to the provisions
contained in any charter heretofore granted to any corpora-
tion by any special or general laws of this State, and in lieu
of all and singular the liability imposed thereby or conse-
quent therefrom, in or upon any dam where the same is not
deemed by the Conservation Commission of Maryland to be
practical or advisable for the ascending 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 Commis-
sion 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 (4 1/2%) 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,
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