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Hanson's Laws of Maryland 1763-1784
Volume 203, Page 26   View pdf image (33K)
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                        HORATIO SHARPE, Esq; Governor.

this act; and that if any person or persons shall hale, draw or lay across, any sean
or seans, on any other day or days, except as before excepted, during said time,
and be thereof legally convicted, by the oath of one or more credible witness or
witnesses, or by his or their confession, shall forfeit and pay the sum of ten pounds
current money, to be recovered and applied as aforesaid.

1768.

CHAP.
     IV.

    VI.  Provided always, That nothing in this act contained, shall prevent any
person or persons whatever, from erecting such wears as are commonly set in the
tides of the rivers, any where in the river Susquehanna where the tide ebbs and
flows, nor in any part of the river Patuxent, below the place commonly called
Mount-Pleasant.
Proviso.
    VI.  This act to continue for and during the term of three years, and to the
end of the next session of assembly which shall happen after the end of the said
three years.

    Continued for three years, &c. by the act of 1771, ch. 16, and for seven years, &c. by the act of February,
1777, ch. 17, and for seven years, &c. by the act of 1784, ch. 83.

Continuance.
                                            CHAP. V.
        An ACT to prevent any obstruction of the navigation in the river
                                           Patowmack.
    WHEREAS it is represented to this general assembly, That the water
carriage is greatly obstructed by erecting fish-dams above the falls in
the river Patowmack and also in Monocacy river;
Preamble.
    II.  Be it therefore enacted, by the right honourable the lord proprietary, by and
with the advice and consent of his lordship's governor, and upper and lower houses
of assembly, and the authority of the same,
That all fish-dams, or other devices for
catching of fish, already made, or hereafter to be made, and all other erections hereafter
to be made, in the river Potowmack, between the Great Falls and Wills's
creek, or in the river Monocacy, below the dividing thereof into the two Pipe
creeks, shall be, and are hereby deemed and declared nuisances, and may, by any
person or persons, be pulled down, prostrated and abated as such.  And that no
person or persons whatsoever, shall hereafter put, place or erect, any such fish-dam,
or place, or make any heap of stones, or other erection whatsoever, within the said
parts of either of the said rivers, under the penalty of fifteen pounds current money,
for every such offence, to be recovered in any court of record within this province,
with costs, by action of debt, bill of indictment, or information, wherein
but one imparlance shall be allowed; one half to the informer, or him or them
that will sue or prosecute to effect for the same, and the other half thereof to be
paid to the sheriff of Frederick county, to be by him accounted for and paid to the
justices of said county, and by them applied towards clearing or improving the
navigation of the said rivers.
Fish-dams,
&c. erected
between the
Great Falls
and Wills's
creek, &c.
deemed nuisances.


No more to be
erected under
a penalty.
    III.  And be it further enacted, That if any person or persons shall obstruct or
hinder any other person or persons in or from pulling down, prostrating or abating,
any such nuisance as aforesaid, or shall assault or wound any person for pulling
down, prostrating or abating, any such nuisance as aforesaid, or for attempting
so to do, every such person, for every such offence, besides being subject to the
action of the injured party for damages, shall forfeit the sum of twenty pounds
current money, to be recovered with costs, and applied as aforesaid.
Persons obstructing
the 
pulling down
such nuisance,
to forfeit 20 l.

&c.
    IV.  And be it further enacted, That in any action or suit for recovery of any
of the said penalties, and also in any action for an assault, beating or wounding, for
pulling down, prostrating or abating, such nuisance as aforesaid, or for attempting
so to do, on an affidavit, or other proof satisfactory to the court where such suit
or action is depending, of there being cause for bringing the same, the defendant
shall and may be compelled to give good and sufficient special bail.
On suit
brought for 
said penalties,
&c. bail to be
given.


 
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Hanson's Laws of Maryland 1763-1784
Volume 203, Page 26   View pdf image (33K)
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