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
and be thereof legally convicted, by the oath of one or more credible witness
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.
| VI. Provided
always, That nothing in this act contained, shall prevent any
person or persons whatever, from erecting such wears as are commonly set
tides of the rivers, any where in the river Susquehanna where the tide
flows, nor in any part of the river Patuxent, below the place commonly
| 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
Continued for three years, &c.
by the act of 1771, ch. 16, and for seven years, &c. by the act of
1777, ch. 17, and for seven years, &c. by the act of 1784, ch. 83.
An ACT to prevent any obstruction
of the navigation in the river
| 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;
| 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
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
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
creeks, shall be, and are hereby deemed and declared nuisances, and may,
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
or place, or make any heap of stones, or other erection whatsoever, within
parts of either of the said rivers, under the penalty of fifteen pounds
for every such offence, to be recovered in any court of record within this
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
that will sue or prosecute to effect for the same, and the other half thereof
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
navigation of the said rivers.
No more to be
| III. And be
it further enacted, That if any person or persons shall obstruct
hinder any other person or persons in or from pulling down, prostrating
any such nuisance as aforesaid, or shall assault or wound any person for
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
action of the injured party for damages, shall forfeit the sum of twenty
current money, to be recovered with costs, and applied as aforesaid.
to forfeit 20 l.
| 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
pulling down, prostrating or abating, such nuisance as aforesaid, or for
so to do, on an affidavit, or other proof satisfactory to the court where
or action is depending, of there being cause for bringing the same, the
shall and may be compelled to give good and sufficient special bail.
&c. bail to be