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Penalty for wilfully causing Obstructions in Streams or Rivers.
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CLII. ‘And whereas much Injury is caused by Persons placing or throwing Stones and other Materials into the Rivers and Streams in Ireland, and thereby and otherwise raising Obstructions therein;’ be it therefore enacted, That if any Person shall, after the passing of this Act, wilfully throw or place any Stones, Gravel, or other Material in any Stream, River, or Watercourse, and thereby, or by any other Means, create any Obstruction in the free Discharge of the Waters therein, whereby the Lands of any other person or Persons may be flooded or in any Manner injured, every such Person, being convicted thereof before Two or more Justice of the Peace at Petty Sessions, shall forfeit and pay such Sum, not exceeding the Sum of Five Pounds, as such Justices may think proper, which Penalty shall, in case of private Property, be paid to the Party aggrieved, or, in the Case of Property of a public Nature, or wherein any public Right is concerned, the Money shall be applied in such Manner as such Justices of the Peace shall direct; and if such Penalty, together with Costs, if awarded, (which Costs such Justices of the Peace are hereby authorized to award if they shall think fit,) shall not be paid, either immediately after the Conviction or within such Period as such Justices shall at the Time of the Conviction appoint, the said Justices may commit the Offender to the Common Gaol or House of Correction, there to be imprisoned only, or to be imprisoned and kept to hard Labour, as the said Justices shall think fit, for any Term not exceeding Two Calendar Months, unless such Sum and Costs be sooner paid; and it shall be lawful for such Justices to direct that the Obstruction complained of shall be removed, and include in the Costs which such Justices are herein-before authorized to award the Expence of removing such Obstruction: Provided always, that nothing herein contained shall extend to any Case where the Person complained of acted under a fair and reasonable Supposition that he had a Right to do the Act complained of.
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