478 Assembly Proceedings, June 29-July 22, 1699.

Lib. L. L.

Orchard or any other fence or fences whereby any of the
Inhabitants of this Province are or may be harmed or damni-
fyed the person or Persons So Offending being thereof Law-
fully Convicted by Confession or the Testimony of Two Witt-
nesses or one Wittness & pregnat Circumstances agreeable
thereto shall make Restitution to the party Grieved by paying
of Treble the Damage Susteined thereby as the said Justices
before whom such matter shall Come shall determine or a
Iury in such Case shall award and forasmuch as ir often
happens that peoples Corn fields are Generally destroyed by
the intolerable number of horses and Mares that are usually
Suffered to run att Liberty in the Woods and other places
thereby going so wild that they are not onely prejudiciall to
most of the Neighbourhood but also are of little or no
use to the Owners Be it therefore Enacted by the Kings most
Excellent Ma'y by and with the Advice and Consent of this
present Generall Assembly and the Authority of the Same
That from and after the Tenth day of March next
after the Publication hereof when and as often as any
horse mare or Gelding or any other Beasts shall happen to
get into any Corn field wheat or Oat Ground so inclosed with
such a fence as is above Mentioned the Owner of Such Ground
as aforesaid shall be obliged the first and Second time such
beast shall gett into such inclosed Ground as aforesaid to Give

p. 203

notice to the Owner or Owners of such beast as aforesaid and
if the af^d Owner of such Beast or Beasts shall neglect or refuse
to restreine such Beast or Beasts from Comitting the like
Offence, it shall & may be Law full for the Owner or Lawfull
Possessor of such Ground to shoot kill or otherwise destroy
upon their said Possession such Beast or Beasts That shall
Comitt such trespass the third And be it further Enacted by
the Authority aforesaid that if the Owner or Owners of any
such beast as aforesaid shall not be known to the party or
partys Grieved or damnifyed as aforesaid, he she or they so
grived shall and are obliged with two sufficient Evidences, to
take notice of the Colour naturall & Artihciall Marks of any
such Beasts in Writeing and the same to affix and sett up att
the most publick place within the County where such damage
as aforesaid shall happen to be done for the Space of one
whole month att the end of which no owner appearing it shall
and may be Lawfull for the Parties Grieved to Shoot Kill or
Destroy upon his her or their Possession as aforesaid any
beast or Beasts as afores^d any Law Statute or Custom to the
Contrary Notwithstanding.