signation, or refusal to act, of any of the commissioners herein appointed, that his honor the governor, and executive council, shall be, and they are hereby, authorized to appoint a proper person or persons in the room of such commissioner or commissioners so refusing, dying, or resigning.

AUGUSTA, February 10, 1787.

WILLIAM GIBBONS, Speaker.

*1804.

AN ACT to establish the fees of the harbor master and health officer of the ports of Savannah and St. Mary.

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 the harbor master and health officer of the ports of Savannah and St. Mary, for the time being, be, and they are hereby, authorized, each and every of them severally, to have, demand, and receive, of and from all foreign vessels which shall arrive at the ports of Savannah and St. Mary, from and after the passing this act, four cents per ton, and on all American vessels two cents per ton, which shall be in full of all fees, dues, or demands whatsoever, for the services of them, the said harbor master and health officers, respectively.

ABRAHAM JACKSON,
HAM

Speaker of the House of Representatives.
JARED ERWIN,

Assented to, December 12, 1804.

President of the Senate.

JOHN MILLEDGE, Governor.

[Laws of Georgia from 1801 to 1810, page 214.]

AN ACT appointing wardens for the port of Baltimore town, in Baltimore county, Lib. T. B. H., No. A, folio 310.

Whereas it is of importance to the State that proper persons should be appointed to preserve the navigation of the basin and harbor of Baltimore town, in Baltimore county; therefore

Be it enacted by the General Assembly of Maryland, That Samuel Smith, Daniel Bowley, John Sterrett, Samuel Purviance, Thomas Russell, Richard Ridgely, Robert Henderson, Thomas Elliot, and William Patterson be, and are hereby, appointed wardens for the said port of Baltimore town, in Baltimore county, till the first Monday in October, in the year of our Lord one thousand seven hundred and eighty-six, and no longer, unless elected agreeably to the manner hereafter prescribed; and said wardens and their successors are hereby invested with full power and authority to carry

into effect the several objects and intentions of this act; and it shall and may be lawful for them, or a majority of them, the chairman hereinafter directed to be chosen being one, as soon as conveniently may be, having first taken the oath or qualification hereafter prescribed, to meet at such times as are hereinafter mentioned for the executing and performing the duties hereby enjoined; and said wardens shall have power to appoint and employ a skillful person to be their clerk, who shall keep fair minutes and entries of all their orders, regulations and transactions, and shall, before he enters on the duties of his office, give good and sufficient security for its faithful discharge in the sum of one hundred pounds, to be approved of by said wardens; all which said minutes and entries shall be public, and submitted to the inspection of any person or persons who shall desire to peruse them, he or they paying to the clerk the sum of one shilling for each time the books shall be examined; and that the said clerk shall give true copies of any such entries or minutes made in the said books, he or they paying onehalf penny for each line the said copy shall contain, every line to consist of not less than twelve words; and the said wardens are hereby empowered to have and use one common seal in their affairs, to sue and be sued, plead and be impleaded, and to have perpetual succession as herein directed.

SEC. 2. And be it enacted, That the electors for special commissioners shall, on the first Monday of October, in the year of our Lord one thousand seven hundred and eighty-six, and the first of October in every fifth year forever after, ballot for nine wardens, in the same manner as directed for said special commissioners by the act entitled "An act for the more effectual paving the streets of Baltimore town, in Baltimore county, and for other purposes," and shall signify the election of said wardens in the public newspaper; that the aforesaid electors, before they proceed to the election for wardens, shall take an oath or affirmation to elect, without favor or partiality, such persons for wardens as they in their judgment and conscience believe best qualified for said office; that the persons elected wardens must have been residents in the said town three whole years preceding the election, and must have real or personal property in said town above the value of one thousand pounds; and that vacancies happening from death, refusal, disqualification, or resignation, be filled up by the wardens in the manner directed in the aforesaid act for filling up vacancies of special commissioners for said town.

SEC. 3. And be it enacted, That the electors have special care in their choice of wardens, to make such election as that the several parts of the town be as nearly as possible equally represented.

SEC. 4. And be it enacted, That the said wardens, or a majority of them, shall and hereby have power to choose yearly and every year by ballot, one of their number to be their chairman; and the said chairman, with a majority of wardens, hereby have authority to do and perform all and every act, matter, and thing, herein enjoined and required of them; and in case the said chairman so chosen shall neglect or refuse to attend at any of the times ap

pointed for the meeting of the wardens, being at least a majority in number, to choose in the same manner a chairman for the time being.

SEC 6. And be it enacted, That there shall be four meetings of said wardens in every year, that is to say, on the second Mondays in March, June, September, and December, respectively, and at such other times as the chairman or, in his absence, two other wardens may think necessary, on application made to him or them for that purpose; which meetings shall be called by his or their order, issued to the clerk, directing him to summon all the said wardens to meet on twelve hours notice, to hear and determine whatever shall or may come before them; and that the chairman shall receive for each day he shall attend or be employed, the sum of seven shillings and sixpence, and every other warden, the sum of five shillings, and no more.

SEC. 7. And be it enacted, That before the said wardens take upon themselves the office of wardens, each and every of them shall take an oath or affirmation that he will well and faithfully, to the best of his skill, understanding, and judgment, perform, do, execute, and discharge the office and duty of a warden, according to the directions of this act; which qualification any justice of the peace is hereby authorized and enjoined to administer.

SEC. 8. And be it enacted, That the said wardens, or a majority of them, shall and may order and make, as soon as conveniently may be, an exact survey and 'chart of the said basin, harbor, and river Patapsco, and shall and may ascertain the depth and course of the channel of the same, and, if necessary, affix buoys or water marks for facilitating and rendering more safe the navigation thereof.

SEC. 9. And be it enacted, That no wharf or wharfs shall be run out, made, altered, enlarged, or extended, from and after the publication hereof, so as to divert the course of the said channel, obstruct the harbor or basin, or to the injury of the same; and that no person or persons shall make, alter, or extend, a wharf or wharfs, from and after the publication hereof, without laying before the said wardens a plan of his or their intended wharf or wharfs, and without consent first obtained under the seal of the board to carry the same into effect; and in case any person or persons shall make, alter, or extend a wharf or wharfs, without such permission, it shall and may be lawful for the said wardens to recover, by warrant before a magistrate, a sum not exceeding one hundred pounds, as in cases of debts not exceeding five pounds, and forthwith cause the same to be demolished, provided that this act is not meant to extend to the demolition or removal of wharfs already made, built, and extended.

SEC. 10. And be it enacted, That said wardens shall and may cause the basin and harbor, or such part or parts thereof, as to them shall seem meet, as soon as enabled to carry the same into effect, to be cleansed, scoured, cleared, and ballasted, and all obstructions and annoyances in and upon the said basin, harbor, and river, whether from vessels sunk or any other cause, to be removed;

and towards defraying the charges and costs thereof, to impose on every vessel entering or clearing at said port, one penny per ton, which sum is to be collected and paid to the naval officer for said port, which officer is to draw the same commission upon said collection as on collections made for the State; and the naval officer is hereby enjoined to collect and receive the rate aforesaid, and to pay the same, from time to time, deducting the commission aforesaid, or four times each year, to said wardens; said rate to continue till a sufficient sum shall be raised for defraying the expense aforesaid; and in case of refusal, it shall and may be lawful for the said wardens to recover the same before a magistrate, as in cases of debt not exceeding five pounds.

SEC. 12. And be it enacted, That no warden shall sit in judgment in the execution of this act, or any of the powers herein contained, where he is anywise interested or concerned.

SEC. 13. And be it enacted, That the said wardens, or a majority of them, shall, and they are hereby authorized to make such regulations and ordinances, from time to time, respecting wharfs and wharfage, and the keeping them in repair, so as to prevent their injuring the harbor or basin, and for preventing vessels from casting out filth or ballast, or any other cause, whether from vessels, wharfs, or the land or earth, or soil contiguous to the basin or harbor, being thrown into the same, that may serve to fill up the said harbor or basin, or obstruct the navigation thereof, and to impose fines for every breach of said rules, regulations, or ordinances, not exceeding fifty pounds, to be recovered before a magistrate as in debts not exceeding five pounds; and all fines, penalties, or awards, the recovery of which is not specially mentioned, to be recovered in same manner as in cases of debts not exceeding five pounds.

SEC. 14. Provided always, That no rules, regulations, or ordinances directed to be made by this act, be repugnant to the laws of this government: And provided, said rules, regulations, or ordinances, be published in the Baltimore newspaper.

SEC. 15. And for the greater security of the subject, be it enacted, That if any person or persons shall conceive him, or themselves aggrieved by any judgment given in consequence of this act, it shall, and may be, lawful for such person or persons to appeal to the next county court, which said appeal shall be allowed by the wardens or magistrates, upon sufficient security given for prosecuting the same.

SEC. 16. And be it enacted, That the wardens may choose a treasurer, who is hereby empowered and required to receive all moneys arising in virtue of this act, and to keep an account of all moneys received and paid by virtue of said act. And the treasurer is hereby required to give a boud, with one or more sufficient sureties, to be approved of by said wardens, to the said wardens, in the penalty of three thousand pounds, with condition for the payment of all such moneys as shall come to his hands by virtue of this or any other act. And said treasurer shall yearly, or oftener, if required, bring in a state of his accounts, and settle the same with the wardens, which account, so settled and approved of

by said wardens, shall be published annually in the Baltimore

newspaper.

SEC. 17. And be it enacted, That the wages of said wardens, a commission to the treasurer, which commission shall be six pence in the pound on all moneys received in virtue of this act, the salary of the clerk, and all other expenses necessarily arising out of this act, may, and shall be, paid out of the moneys raised by virtue of this act.

[From Maryland's Statutes appended to the above.]

NOTE A.-The power of imposing this duty is repealed by 1791, ch. 60, which imposes å duty not exceeding two cents per ton. The act of 1791 was not to operate until ratified and confirmed by an act of Congress of the United States; this was done by an act of the first session of the fourth Congress, ch. 26, passed May 12, 1796, to continue for three years, and to the end of the next session of Congress thereafter.

Maryland.

AN ACT to incorporate a health officer for the port of Baltimore town, in Baltimore county, Lib. J. G., No. 2, folio 70.

Whereas to prevent the ingress of the plague, or other malignant contagious diseases, is an object of great importance to the welfare and commerce of the citizens of the State, till, therefore, proper arrangements and establishments shall be made by Congress in the premises

SEC. 2. Be it enacted by the General Assembly of Maryland, That the governor, with the advice of the council, shall, and he is hereby authorized, to appoint one or more persons, being skillful physicians, whose duty it shall be to visit and examine all foreign vessels, and other vessels coming from suspected places, and, where it shall appear necessary, to oblige the same to perform quarantine, not less than ten days nor exceeding twenty; and in all such cases the visiting physician shall give a certificate to the captain or master of the vessel, signed with his name, expressing the number of days the said vessel is to ride quarantine; and, at or before the end of each quarantine, the physician is hereby enjoined to make a second visit to the said vessel, and should it appear to him that a further quarantine is necessary, he is hereby authorized to enjoin the same for any number of days not exceeding ten.

SEC. 3. Be it enacted, That if the master, or other person having charge of any vessel bound to the port of Baltimore, having on board altogether, when the said vessel departed from port, above thirty persons on board, disordered with any contagious disease, or coming from any sickly port or place without a clean bill of health, shall bring his vessel, or suffer or permit the same to be brought, nearer to the port of Baltimore than Hawkins' point, or shall land, or bring