1798.

LAWS OF MARYLAND.

C H A P.
XXXVIII.

to make the top of the faid dam twelve feet wide at the leaft, and make good and fubftantial
bridges over the wafte and race of the faid mills and dams, and the fame keep in good repair ;
and where any mill hereafter to be erected fhall obftruct any public road, and it fhall be thought
convenient by the juftices of the levy court of faid county where fuch mill is fo erected, that the
faid public road fhall pafs below the dam of the faid mill, or where fuch public road now paffes
below the dam of any fuch mill or mills, that then and in every fuch cafe the owner or owners,
poffeffor or occupier, of fuch mill or mills, fhall and they are hereby required to raife and make
a good and fufficient caufeways acrofs the branch or run on which the faid mill is built, twelve
feet wide at the leaft, and make a good and fubftantial bridge over the tail of the faid mill, and
the fame keep in good repair; and if the owner or owners, poffeffor or occupier, of any fuch
mill or mills, fhall refufe or neglect to do what is by this act required, and fhall be thereof legally
convicted, he, fhe or they, fhall forfeit and pay a fum not exceeding thirty dollars for each
neglect or offence; provided, that fuch perfon or perfons, owner or owners, poffeffor or occu-
pier, of fuch mill or mills, fhall not be obliged to work upon, or fend any of their labourers or
hands who fhall refide in the precinct of fuch public road to work on, any part of fuch road,
except fuch milldam, caufeway, race and wafte, as aforefaid.

Perfons build-
ing mills to
make good
bridges, &c.

XXVII. AND BE IT ENACTED, That where any perfon or perfons have built, or fhall here-
after build or erect, any mill in Somerfet county, on any branch or run below the places where
public or main roads did or fhall crofs fuch branch or run, and by the building and erecting of
fuch mill, or dam for the fame, the public or main road which croffed, or fhall crofs, the
branch or run as aforefaid, is or fhall be any way affected or injured, or the paffage therein any
way obftructed or rendered difficult or incommodious, fuch perfon or perfons, or the owner,
poffeffor or occupier, of fuch mill or mills, fhall and they are hereby obliged, by the laft day of
April nest, where fuch mill or mills have already been built, or within one month after the
building of any other mill or mills ftopping or impeding the courfe of the water as aforefaid, to
make good and fufficient bridges and caufeways, twelve feet wide at the leaft, over the faid
branches or runs at the places where the public or main roads croffed, or fhall crofs, fuch
branches or runs as aforefaid, and the faid bridges and caufeways maintain and keep in good
repair, under a penalty not exceeding thirty dollars for each neglect or offence; provided, that
fuch perfon or perfons, owner or owners, poffeffor or occupier, of fuch mill or mills, fhall not
be obliged to work upon, or fend any of their labourers or hands who fhall refide in the precinct
of fuch public road to work on, any part of fuch road, except on fuch bridges and caufeways
as aforefaid.

Several acts re-
pealed.

XXVIII. AND BE IT ENACTED, That from and after the firft Monday in April next, that the
act of affembly paffed at October feffion, one thoufand feven hundred and four, entitled, An act
for the marking of highways, and making the heads of rivers, creeks, branches and fwamps,
paffable for horfe and foot, and the feveral fupplementary acts thereto, the act paffed at Septem-
ber feffion, one thoufand feven hundred and twenty-three, entitled, An act directing the manner
of recovery of fines for not appearing at the clearing of the highways, the act of affembly paffed
at October feffion, one thoufand feven hundred and fifty-three, entitled, An act for repairing
public roads in this province, and the fupplement thereto, the act paffed at November feffion,
one thoufand feven hundred and ninety-four, entitled, An act relating to public roads in this
ftate, and to repeal the acts of affembly therein mentioned, and the fupplements thereto, the act
paffed at November feffion, one thoufand feven hundred and ninety-feven, entitled, An act re-
fpecting the roads of Somerfet and Worcefter counties, and the fupplement thereto, fo far as they
relate to Somerfet county, be and the fame are hereby repealed.

Paffed Jan. 15.
Preamble.

C H A P. XXXIX.
An ACT to prevent the firing of woods in the feveral counties in this ftate
therein mentioned.

WHEREAS it hath been reprefented to this general affembly, that numbers of perfons are
in the cuftom of fetting fire to the woods in this ftate for different purpofes, thereby pro-
ducing an extenfive conflagration, detrimental to the foil, deftructive of the timber, and injurious
to the progrefs of improvement; therefore,

Penalty for
fetting woods
on fire, &c.

II. BE IT ENACTED, by the General Affembly of Maryland, That whofoever fhall, at any time
hereafter, wilfully and malicioufly fet on fire any woods, fences, marfhes, lands, leaves or rub-
bifh thereon, within Baltimore, Anne-Arundel, Frederick, Montgomery, Allegany, Queen-
Anne's, Harford, Caecil and Prince-George's counties, fo as thereby to occafion any lofs,
damage or injury, to any other perfon or perfons, every fuch perfon or perfons fo offending, and
being thereof legally convicted in the court of the county where fuch firing and damages fhall
take place, fhall pay a fine, not exceeding one hundred dollars, one half thereof to the informer,
the other half to the ufe of the county where the firing and damage fhall take place, the faid
fine to be recovered by indictment before the county court where the offence was committed;
and if it fhall happen that any perfon or perfons convicted under this act fhall not be able to pay
the fine impofed, fuch perfon or perfons fhall fuffer imprifonment, not exceeding fix months, at
the difcretion of the court, without the privilege of being let to bail.

Slaves offend-
ing to be whip-

ped, &c.

III. AND BE IT ENACTED, That where any offence fhall be committed againft the tenor of
this act by any flave or fervant, without the direction of his or their mafter, or miftrefs or over-
feer refpectively, and fuch offender be thereof duly convicted before a fingle magiftrate, fuch of-
fender or offenders, unlefs his or her mafter or miftrefs will pay the fine impofed, at the difcre-
tion of the magiftrate, not exceeding ten pounds, with cofts of fuit, fhall receive not exceeding
thirty-nine lafhes on his or her bare back, at the difcretion of the faid magiftrate.

Perfons liable
for damages.

IV. AND BE IT ENACTED, That where any perfon or perfons fo offending as thereby to occa-
fion any lofs, damage or injury, to any other perfon or perfons, every fuch perfon or perfons fo