HERBERT R. O'CONOR, GOVERNOR. 1757

then the annual payment shall in all such cases be four thou-
sand 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
be paid into the Conservation Fund and is hereby specifically
appropriated to be expended by the Conservation Commission
for the purposes above named. Provided further, however,
that one-half (1/2) of any such monies received on behalf of
the Conowingo Dam across the Susquehanna River shall be
credited to the State Game Protection Fund, the balance to
be expended as heretofore in this section provided.

90. (Fish Ladders. ) Every owner of a dam or dams upon
any of the non-tidal waters of this 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 construc-
tion 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 general laws of this State,
and in lieu of all and singular the liability imposed thereby
or consequent therefrom, in or upon any dam where the same
is not deemed by the Game and Inland Fish Commission 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 Game and Inland Fish
Commission is empowered to enter into an agreement with
the owner, lessee, or operator of such dam to pay to the said
Commission 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, then
the annual payment shall in all such cases be four thousand
dollars ($4, 000) per annum to be expended by the said Com-
mission for the purpose of stocking with fish the waters of
the pool above and of the stream below said dam and the
acquisition of the necessary facilities therefor. Provided, how-
ever, nothing contained in this section or in Section 16
of Article 39 of the Annotated Code of the Public Laws