LAWS OF MARYLAND.

55

CHAPTER 109.

An act to remove certain obstructions in Deer Creek, in order that Fish may
ascend said Creek.
Whereas, Deer Creek, in Harford county, was formerly a stream
of considerable resort for herrings and other salt water fish, and
would continue to he so for many miles into the interior, affording
additional means of comfort and subsistence at a cheap rate to the po-
pulation bordering thereon, if it were not for the artificial obstruc-
tions that have been raised by the erection of a few mill dams,
which have formed insurmountable barriers against the ascent of the
immense number of herrings, perch and other fish which now annu-
ally enter the mouths of the said creek, endeavoring in vain to press
their way upwards, and it being practicable, at a small expense, to
remedy this public inconvenience, without doing any serious injury
to private rights; Therefore,

Dec. Ses. 1823

Passed Feb.
9, 1824.
Preamble.

Sec. 1. Be it enacted by the General Assembly of Maryland, That
Stevenson Archer, James W. Williams, William F. Miller, Thomas
Jay and Herman Stump, be, and are hereby appointed commissioners
to fix upon the sites, dimensions, and grade proper for forming an
artificial channel for a gradual current of water, sufficient for a free
and uninterrupted passage and ascent for fish at and around one end
of each dam on Deer Creek, or at as many places on the said creek,
as the said commissioners upon examination may determine to be
expedient, below Lauray's fork on said creek, with power and au-
thority to contract for the execution of the same, and for the mate-
rials and labor necessary therefor, and to order, superintend and di-
rect the same until completed, Provided however, that the said com-
missioners shall not proceed to the performance of the work until
they shall have previously ascertained that the same can be accom-
plished at an average expense of less than one hundred and twenty-
five dollars, at each dam, or of fifty dollars per each mile of creek
that may be affected by the improvement hereby contemplated.

Commision-
ers empow-
ered.

2. And be it enacted, That before the said commissioners shall
cause the said work to be commenced, they shall ascertain by estimate
as nearly as may be, the whole amount of expense and damages that
may be incident thereto, and shall make out a detailed list of all pro-
prietors of the land bounding on said creek, as will in their judgment
be more or less benefitted or damaged thereby, and apportion to each
name on such list the respective amount of benefit or damage which
the said commissioners shall adjudge and determine to accrue to
such person in consequence thereof, copies of which list shall be pub-
lished by advertisement in several public places in the neighboring
hundreds, at least twenty days, and be returned by the said com-
missioners to the levy court of Harford county, or to the clerk of
said court immediately afterwards; and that every individual named
on the said list, shall have the right of appealing from the judgment
of the said commissioners to the levy court, provided written notice
of intention to appeal, be filed with the clerk of said court, within
twenty days after advertisement as aforesaid by the commissioners,
and that the levy court at their first meeting after the expiration of
the said twenty days, shall proceed to hear and determine finally all
appeals as aforesaid, confirming, annulling or modifying the deci-
sions in such cases made by the said commissioners, upon such prin-
ciples as the said court shall deem just and equitable; and that in
the case of every person acting as a commissioner aforesaid, the levy
court shall adjudge and assess the quantum of damages or benefit.

Proceedings
directed.