| 1805.
CHAP. 31.
Passed Jan. 25, 1806. |
LAWS OF MARYLAND.
CHAP. XXXI.
An Act to prevent persons from staking out Seines across the Rivers
Transquakin and Chickwiccomico, in Dorchester County.
Lib.
TH. No. 1, fol. 30. |
| Preamble. |
WHEREAS it is represented to this general assembly,
by the petition
of sundry inhabitants of Dorchester county, that they have
sustained great injuries and inconveniencies, from persons staking
out seines across the rivers Transquakin and Chickwiccomico, and
thereby deprived of those providential benefits arising from the
waters of the said rivers, in the procuring of fish at particular seasons
of the year: And whereas it is deemed improper that any person
or persons should be tolerated to invade and destroy the periodical
benefits offered by the benevolent hand of nature; therefore, |
Penalty for fixing
seines by which
fish may be obstructed
in going
up or coming
down rivers. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
if any person or persons, after the passage of this act, shall fix or
set any seine or seines across the rivers Transquakin and Chickwiccomico,
or aid and assist therein, by which fish may be obstructed
in going up or coming down said rivers, every such person or
persons so offending, shall forfeit and pay the sum of one hundred
dollars for every such offence, one half of which the sum shall be given
to the informer, and the other half thereof to be paid to the sheriff
of the county where the recovery shall be had, to be by him paid
and accounted for to the justices of the levy court of said county,
and by them applied towards defraying the public charges of said
county, to be recovered by action of debt, bill, plaint or information,
with full costs of suit, in any county court of this state where
such offender or offenders shall be apprehended or reside. |
Penalty on slaves
fixing seines, &c.
Provisos. |
3. AND BE IT ENACTED, That if any slave shall
fix any seine or seines
across said rivers, by which fish may be obstructed as aforesaid,
such slave shall be punished for every such offence, on conviction
thereof before any justice of the peace, by the oath of one or
more credible witness or witnesses, by whipping on his back, in the
discretion of the said justice, not exceeding for each offence the
number of thirty-nine lashes; Provided always, that the master or
mistress of said slave, or any other person, may release said slave
so convicted, on the payment of fifty dollars, one half to the informer,
and the other half to be paid to the justice, and by him applied
to the use of the county; And provided further, that if such
slave shall act as aforesaid by the order of his owner or employer,
he shall not be subject to whipping as aforesaid, but the owner or
employer giving him the order shall be subject to the penalty of one
hundred dollars. |
Seines so fixed
may be destroyed. |
4. AND BE IT ENACTED, That it shall and may
be lawful for any
person or persons whatsoever to destroy or remove any seine or
seines laid across said rivers to obstruct the passage of fish as aforesaid. |
Persons sued for
destroying them
may give this act
in evidence. |
5. AND BE IT ENACTED, That if any person or
persons shall be
sued or impleaded for destroying any such seine or seines, laid
across said rivers contrary to the true intent and meaning of this
act, it shall and may be lawful for such person or persons to plead
the general issue, and give this act and the special matter in evidence,
and if, upon trial, the plaintiff or plaintiffs shall be nonsuited,
or shall discontinue his or their suits, then and in such case
the defendant or defendants shall recover double costs. |
|
 |
