Ocmulgee, Altamaha and other rivers. (No. 298.) An Act to amend the Act approved December 7th, 1823, and the Act approved December 22d, 1829. To prevent obstructions to the passage of fish in the Ocmulgee river and its branches, and to extend the provisions of the same to the Altamaha, Oconee, Ochlockney and Little Rivers. Whereas, experience has shown that the provisions of the above stated Acts have failed to have the effect intended, which was to Preamble. prevent persons, by nets of any description, or any other obstructions, to stop the passage of fish up the channels of said rivers; and whereas, companies from the Northern States and others, have been in the habit of using drift and other nets in such manner to-wit: stretching said nets from the Eastern bank of said rivers to within forty feet of the Western bank, and a drift and other nets from the Western bank to within forty feet of the Eastern bank of said rivers, thereby effectually preventing the passage of fish, to the great injury of the citizens of Georgia living on said rivers. the rivers its mouth to 120 feet free 4. Section I. Be it enacted, That from and immediately after The channel the passage of this Act, that the channel of the Altamaha and sever- of the Alta al rivers composing its mouths, shall be kept open one hundred maha and and twenty feet in width for the free passage of fish, free from any composing obstructions whatever, including seines, gill-nets, &c., from its said be kept open mouth to the junction of the Ocmulgee and Oconee rivers, and that of all obthe channel of the Ocmulgee river from its junction with the Oco-structions. nee river shall be kept open one hundred feet in width, for the pas- From its sage of fish, free from the said obstructions of seines, gill-nets, any obstructions whatever, from its said junction to the mouth South river, above the city of Macon, where it empties into the Oc- Oconee. mulgee river: mouth to its or junetion mulgee and the Ocmulgee kept That the channel of the Oconee river shall be kept open one Channel of hundred feet in width for the passage of fish, free from any obstructions, including seines, gill-nets, &c., from its junction with the open 100 ft. Ocmulgee river, to the city of Milledgeville. Oconee 100 5. Sec. II. And be it further enacted, That the provisions of this feet wide. Act be extended to the Ochlockney and Little rivers. Ochlockney and Little Act $50. ered before Peace. 6. Sec. III. And be it further enacted by the authority of the rivers. same, That all persons violating the provisions of the foregoing section by obstructing the said channels of the Altamaha, Ocmul- Fine for viogee, Oconee, Ochlockney and Little rivers, by seines, gill-nets or oth-lating this er obstructions, shall be subject for each offence, to pay the sum of fifty dollars, to be recovered before any Justice of the Peace within To be recov whose jurisdiction said offence shall have been committed, to be Justice of the commenced in the name of the person giving the information of of the violation of the provisions of this Act; and any person so Violating the provisions of this Act, shall also be subject to be in- Also subject dicted for a misdemeanor, before the Superior Court of the county to in which the said violation shall have been committed, and on con- meanor. viction, shall be sentenced for each offence to pay a fine not less Fine from than seventy-five dollars, nor more than one hundred dollars, at the $25 to $100. indictm't for misde de Ocmuse. A tamaha and Savannah rivers. Half to in- discretion of the Court. In each or either case of suit or indictment, former and the one-half of the penalty shall go to the informer, the other to the county wherein the offence is committed. half to coun ty. Certain not to be rivers. Misdemean or. 7. Sec. IV. And be it further enacted by the authority aforesaid, That from and after the passage of this Act, no drift nets, wire kinds of nets nets, gill-nets, or float nets as they are usually called, excepting the used on said skim and dip nets which are now used on said Altamaha, Ocmulgee, Oconee, Ochlockney and Little rivers, shall be used on said rivers; any person or persons so using them for the purpose of catching fish or stopping the passage of fish up or down said rivers, shall be guilty of a misdemeanor, and on conviction thereof in the Superior Court of the county in which said offence shall have been committed, shall be fined two hundred and fifty dollars, and if such person or persons so offending shall not be able to pay said fine, Imprisoned. the person or persons so offending, shall be imprisoned in the countv Jail, thirty days, and the half of said fine of two hundred aud paid to pro fifty dollars, when collected, shall be paid to the prosecutor, and secutor and the other half shall be paid into the county Treasury for county purposes, and it shall be the duty of the officer making the arrest, Duty of offi- to seize the nets, boats and all the fishing tackle of the person or the arrest. persons violating this Act, which said articles shall be sold for the cost &c. of the suit or prosecution. Punishment. Half of fine half to co. treasurer. cer making certain size to be 8. Sec. V. And be it further enacted by the authority aforesaid, Nets above That the skim and dip nets used on said rivers, Altamaha, Ocmulnot bid gee, Oconee, Ochlockney, and Little rivers, shall not be more than rivers. ten feet in width nor more than fifteen feet in length, and any person or persous using a net longer or wider than the above stated, Penalty as in on said rivers, for the purpose of fishing, shall be subject to the 3d section. penalties of the third section of this act. Seines how how used. large and 9. Sec. VI. And be it further enacted by the authority aforesaid, That no seine used in the said rivers for the purpose of catching fish, shall be more than forty feet in length, and no two or more seines shall be fastened or hitched together for the purpose of evading this law, and no two or more seines shall be put in said rivers within the distance of four hundred yards of each other on the same 3d section. day, and any person or persons violating the provisions of this section, shall be subject to the penalties of the third section of this Act.* Penalty as in Provisions of Assented to December 22d, 1857. *For Acts amended by this, see Acts of 1829, p. 152, and 157. (No. 299.) An Act to appoint Commissioners to carry into effect the Act assented to February the 21st, 1850,* entilled an Act regulating, and giving the control of the fisheries in Savannah River, from Abercorn Creek to Lightwood-Log Creek in Hart county, with the same privileges heretofore granted to other Commissioners. 10. Section 1. The General Assembly do enact, that the provisAct of Feb. ions in the above recited Act, be extended from the mouth of Aber Bibb County. corn creek to Log creek. corn Creek up the Savannah river, to Lightwood-Log Creek in said From Aber Hart county, with fu'l powers to euforce the laws heretofore gran- Lightwoodted, to prevent the hauling of seines or nets from Saturday evening sunset, until Monday morning sunrise, and, from Augusta, to keep open one-third of the main sluice of said river, and to remove all obstructions placed for the obstruction of fish to said LightwoodLog Creek, and that F. G. Stowers and B. J. Dooly, of the county of Hart, and W. Craft, and James M. Craft, of the county of El-comm'm bert, and Wiley Walton and Charles Wallace of the county of Lincoln, and A. J. Avery of Columbia county, be, and they are hereby appointed Commissioners to carry out the before recited Act, as aforesaid. Provided nothing in this Act contained, shall interfere with the privileges of the Augusta Canal Company. ASSENTED to December 22d, 1857. TITLE XIV. ROAD LAWS. Bec. 1. Bibb co., Commissioners of Roads for, when must dissent. 2. Defaulting Commissioner, fine $50. 3. Repealing clause. 4. Decatur and Lumpkin cos. pay of overseers of Roads in. 5. Repealing clause. 6. Glynn co.. Road Laws in changed. 9. Wayne co., Road Comm'rs, 3 for (No. 300.) An Act to change the Road Laws of this State, as to the county of Bibb. Bibb to appt. Roads, and 1. Section I. Be it enacted, That from and after the passage of Inf. Court of this Act, the Inferior Courts of Bibb county shall have the power comm'rs of and authority to appoint Commissioners for Roads who shall serve, they must unless such Commissioner shall within ten days after notice of days or act his appointment signify his dissent and refusal to act as such as such. Commissioner. dissent in 10 Decatur, Lumpkin and Glynn Counties. 2. Sec. II. Be it enacted by the authority aforesaid, That such Commissioner when so accepting the office, and failing to perform Defaulting the duties of Road Commissioner, he shall be subject and liable ble to $50 to a fine of fifty dollars, to be imposed by the Inferior Court of said days person- County, upon five days personal notice to such delinquent. comm'rs lia fine upon 5 al notice, catur and cos. to re 3. Sec. III. (Repeals conflicting laws.) Assented to December 22d, 1857. (No. 301.) An Act to alter and amend the Road Laws of this State, so far as relates to the counties of Decatur and Lumpkin, and for other purposes., 4. Section I. Be it enacted, That from and after the passage of Overseers of this Act, any overseer summoning hands subject to Road duty in Roads in De- Decatur and Lumpkin counties, shall receive the sum of ten cents Lumpkin for each hand so summoned by him, which sum shall be paid to ceive sum of him upon his making affidavit of the number of hands so sumsummoning moned before some officer authorized to administer an oath, and each hand. the said affidavit being presented to the Justices of the Inferior Overseer to Court, they or any three of them shall draw their order on the vit and pre- county Treasurer for the amount that may be due to each of said overseers under this Act. ten cents for make affida sent it to Inf. Court. Glynn coun fined 75 cts, per day. 5. Sec. II. (Repeals conflicting laws.) (No. 302.) An Act to alter and change the Road Laws, so far as relates to the county of Glynn. 6. Section I. Be it enacted, That from and after the passage of Road laws of this Act, the Road Laws of the said county of Glynn, shall be so ty changed. altered and changed, as to be as follows: The defaulting hands shall Defaulters be fined seventy-five cents per day each, for the time they neglect to attend on the road to work the same, and the Commissioners of Roads in the several districts of the said county of Glynn, shall as ted to be paid as soon as said fines are collected, pay over said amounts collecto Inf. Court, ted for defaulting hands to the Inferior Court of said county of bursed for Glynn, at the first regular term thereafter, to be disbursed by them throughout the county, for the purpose of building and repairing bridges. Fines collec To be dis work on bridges. over to be Comm'rs 7. Sec. II. And be it further enacted by the authority aforesaid, failing to pay That in case the Commissioners fail to pay over the said money Ained in dou- collected for default in working the roads to the Inferior Court at the first regular term thereafter, they shall be fined in a sum double the amount so retained or held by them. ble the am't retained. 8. Sec. III. (Repeals conflicting laws.) Wayne County. (No. 303.) An Act to alter and amend the Road Laws of this State, so far as relates to the county of Wayne. Court Justs o being court of Wayne at 1't being inf'm of this Act. cap's dist. clerk of Infr. days. in 10 days or as accepting. Vacancy. of com's. 9. Sec. I. Be it enacted, That the Justices of the Inferior for the county of Wayne, at their first term or session, after informed of the passage of this Act, and annually thereafter, shall terin after proceed to appoint three fit and proper persons, in each Captain's ed of pass' ge district, as commissioners of the roads in said district, said commis- To app't 3 sioners shall be respectively notified of their appointment, by the com's for Clerk of the Inferior Court, within ten days thereafter, under a pen- Com's to be alty of $10 for each and every default; said commissioners shall be notified by commissioned for one year, and the appointment of overseers and et, within 10 warners by them, shall be for one year, and if any commissioner or Com's for 1 commissioners of the public roads appointed under this Act, shall year. not, within ten days after being notified of such appointment by the Must resign Clerk, make his or their resignation in writing, to some one of the considered Justices of the Inferior Court or the Clerk of the same, such commissioner or commissioners shall be considered as having accepted of such appointment, and in case of the refusal, departure or decease of any or either of such commissioners, the Inferior Court shall have power to fill every such vacancy, and the commissioners so appointed, or a majority of them, shall meet annually at such time Ann' meet. and place in their respective districts as they may designate, and To appor'n then and there proceed to apportion the hands, liable by this Act, to hands. work on public roads, causeways and bridges, who reside in their respective districts, to each of the said public roads leading through or bounding on such districts, in the best and most equitable manner they, the said commissioners, can devise, having respect as convenience much as possible, to the convenience of each individual liable to work on said roads, bridges and causeways, or owning or having possession or charge of hands liable to work thereon. And the said commissioners shall, at such time also appoint one or more fit and proper person or persons as overseer or overseers to each of the public roads within or bounding on such districts as aforesaid, whose Duty of duty it shall be to attend and overlook the hands liable to work on the said roads, causeways and bridges, when called out for that purpose; and the said commissioners shall likewise, at such time, appoint one or more fit and proper persons whose duty it shall be, from time to time, when required by the commissioners of their respective districts, to warn and give notice to all such persons liable Warners, to work said roads, causeways and bridges within such district, or owning or having possession or charge of hands liable to work thereon, to assemble at such time and place as shall be appointed by said commissioners for the purpose of working such part or section of the public roads as the said hands may be apportioned or overseers allotted to. And if the said warners and overseers do not refuse must resign within five days after notice of their appointment, they shall be ta- they are ken to have accepted, and liable to the penalties hereinafter annex- as accepting. Hav'g reg'd etc. Overseers. overseer. their duties. Warn's and in 5 days or considered |