Georgia: Hancock County: State Legislative Act to prevent obstructions in the Oconee River, 26 Dec 1835 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store this file permanently for free access. This file was contributed by: Carolyn L. Harper Johnson clhjohnson@aol.com ==================================================================== 1835 Vol. 1 -- Page: 249 Full Title: AN ACT to prevent obstructions in the Oconee river from the Green and Hancock county line, on its eastern bank, to its confluence with the Ocmulgee river, calculated to impede the free passage of fish, to appoint commissioners, and punish those who may attempt to defeat the same. Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Joel Hurts, Hamlin Bass and Thomas Clopton, are hereby appointed commissioners in and for the county of Putham; that John Graybill, Prestley Harper and Robert Brayant are hereby appointed commissioners in and for the county of Hancock; that James Dickson, Elisha King and Michael Graybill, are hereby appointed commissioners in and for the county of Baldwin; that John Freeman, Ratliff Boon and James Jackson of the county of Wilkinson, are hereby appointed commissioners for the same; that Metcalf Fisher, Robert Fluker and Kinehen Taylor, are hereby appointed commissioners in and for the county of Washington, who, or a majority of whom, shall have complete power in their respective counties to survey, view, ascertain and designate the main channel of the said Oconee river, fifty feet in width of which is to be kept open for the free passage of fish. Sec. 2. And be it further enacted by the authority aforesaid, That the commissioners aforesaid, or a majority of them, in their respective counties, for which they are hereby appointed, shall proceed within twelve months after the passage of this act, to survey, view, ascertain, designate and determine what fifty feet of the channel shall be, and if they, upon such examination, shall find any fish trap or traps, or dams, or any other obstruction calculated to impede the free passage of fish in the said main channel, proper to be cleared out and removed, for the purpose of keeping open a sluice of fifty feet in width in the said main channel, they are hereby authorized to remove or cause to be removed all and every such obstructions, by calling to their Page: 250 aid, if necessary, any number of citizens in the respective counties in which they may reside. Sec. 3. And be it further enacted by the authority aforesaid, That if the owner of any such fish dam or any other person shall refuse and forcibly interfere, for the purpose of preventing said commissioners in their respective counties from removing said dam, or trap or traps, then it shall be lawful for either or any one of the commissioners to apply to any judge of the superior court or justice of the inferior court, and make oath that the owner of said dam refuses, and will not permit said dam, or trap or traps to be removed; upon which affidavit, it shall be the duty of said judge or justice to issue his warrant, directed to any constable or sheriff of the county, where the owner of said dam or obstruction may reside, against the person so preventing the removal of said dam; upon the arrest and return of said warrant, it shall be the duty of the judge or justice, upon showing that the person arrested has interfered for the purpose of preventing the removal of the said obstruction, either by menaces or otherwise, to require the person so arrested to enter into bond with good and sufficient security, in the sum of one thousand dollars, that he will not interfere with the aforesaid commissioners, in the removal of said obstructions; and if the person or persons so arrested shall refuse to enter into said obligation, then it shall be the duty of said judge or justice to commit the person or persons so arrested to the jail of the county in which he has been arrested, and to remain there until he enters into bond as aforesaid. Sec. 4. And be it further enacted by the authority aforesaid, That if any person or persons shall obstruct said main channel, after it shall have been designated by said commissioners in their respective counties, so as to impede the free passage of fish, he or they so offending shall be subject to indictment, and on conviction shall be fined in a sum not exceeding three hundred dollars, nor less than one hundred dollars, one half to go to the prosecutor, the other half to the county. Sec. 5. And be it further enacted by the authority aforesaid, That Gilly Moore, John Hall, Gray Credle, Y. P. King and John Coleby be appointed commissioners to keep open the Oconee river from the Hancock line to Reed and Gaston's Mills; and that the aforesaid commissioners, or a majority of them, be authorized to keep open the public or Page: 251 navigation sluice of said river for the free passage of fish to the width of thirty feet, and remove obstructions from the same; and that the commissioners aforesaid be empowered and authorized fully, according to the regulations and provisions of the preceding sections of this act, to keep open the river from the Hancock line to Gaston and Reed's Mills as above. Sec. 6. And be it further enacted by the authority aforesaid, That Elijah Warthan, Thomas Cheely and William L. Wilson of the county of Hancock, Joday Newsom, Daniel Harris, Kinchin Newsom of the county of Washington, and Adam Jones, Baton Hataway and Reuben May of the county of Warren be, and they are hereby appointed, or a majórity of them, commissioner`s to keep open the river Ogeechee, so as to admit the free passage of fish from Fenn's bridge, in the county of Washington, to the shoals of Ogeechee in Hancock county; and they, or a majority of them, shall have all the powers for the keeping open said river that the commissioners of the Oconee river have in the aforegoing act, any law to the contrary notwithstanding. Sec. 7. And be it further enacted by the authority aforesaid, That all laws or parts of laws militating against this act are hereby repealed. JOSEPH DAY, Speaker of the House of Representatives. ROBERT M. ECHOLS, President of the Senate. WILLIAM SCHLEY, Governor. Approval Date: Assented to, 26th Dec. 1835.