FRANCIS THOMAS, ESQUIRE, GOVERNOR.

1841.

shall forfeit and pay to the owner or occupier of such float-
ing battery the sum of twenty dollars for every such offence,
one half to the owner of such floating battery, and the other
for the use of the county in which such floating battery is
anchored, and a further sum of ten dollars for every hour
such vessel, float or boat shall remain anchored or stayed as
aforesaid, alter such notice, one half to the owner of such
floating battery and the other half for the use of the county.

chap. 326.

Sec. 2. And be it enacted, That if any such vessel, float
or boat shall be willingly, wantonly and maliciously sailed
through any seine extended From any of the said floating
batteries, the skipper or other person commanding such ves-
sel, float or boat shall pay such damage as shall be ascer-
tained by two respectable and disinterested persons, mutually
chosen by the parties, or if they cannot agree, by any jus-
tice of the peace on application of either of the parties.

Skipper to
pay damages,
etc.

SEC. 3. And be it enacted, That if any person shall wil-
fully and maliciously put any stake, log, stone or other ob-
struction of any kind soever, in the usual hail 'of any floating
battery, he shall forfeit and pay to the owner or occupier of
such floating battery, the sum of twenty dollars for every
such offence, one half to the owner or occupier of such
floating battery and the other half to the use of the county.
Sec. 4. And be it enacted, That nothing contained in this
act shall authorise or allow the owner or owners of any float-
ing battery erected for the purpose of fishing the waters of
the Chesapeake Bay between Spesutia Island and Point
Concord, to anchor said floating batteries within the usual
haul of any shore fishery now cleared for the purpose of be-
ing fished or to lay out his or their seine or seines within
two hundred yards of the usual haul of any shore fishery
now cleared and used as a fishery.

Persons ob-
structing sub-
ject to fine.

Sec. 5. And be it enacted, That all fines, forfeitures and
damages incurred under this act shall be recovered as other
small debts shall before a justice of the peace for the county
in which such floating battery or batteries may be anchored
for the purpose of fishing, and should the skipper or other
person commanding such vessel, float or boat refuse to give
up his or their name or names, and he or they should not be
known, the justice of the peace may issue his warrant
against the commander or owner of such vessel, float or boat
by that name, and give judgment accordingly, and such judg-
ment shall be as effectual as if the warrant and judgment
contained the proper name of said commander or owner.

Fines reco-
verable be-
fore justice
of the peace.