310 Assembly Proceedings, Sept. 5-Oct. 3, 1704.

Lib. L. L.
No. 64.

as aforesaid shall omitt to take up drive in and keep up all
such Horses Mares Colts or Geldings as are before mencond,
or intended by default whereof any such Horses Mares Colts
or Geldings shall break into the pastures Corn-fields or other
Inclosures of any Inhabitant within this Province within the
time by this Act limitted aforesaid the said Owner or Owners
thereof having notice or warning thereof given him her or
them two severall times by the party grieved and notwith-
standing the Owner or Owners of such Horse or Horses
Mares Colts or Geldings as aforesaid shall neglect to performe
what is by this law injoynd and required that then it shall and

p. 109

may be lawfull for the person so greived & damnifyed to shoot
Kill or Destroy all or any such Horse or Horses Mares Colts
& Geldings as aforesaid.
Provided allways that no person whatsoever tho: greived or
Damnifyed shall presume to shoot Kill or Destroy any such
Horse or Horses as aforesaid except upon his her or their proper
Inclosed Ground within his her or their lawfull possession by
lease for years yearly rent or other lawfull tenure upon the
penalty of paying the Owner thereot the full value of such
Horse Gelding Mare or Colt so Kill'd or Destroyd to be
Recovered by Accon of Trespass or Action on the Case in
any County Court of this Province.
And be it further enacted by the Authority aforesaid that if
the Owner or Owners of any Such Horse or Horses Mares
Colts or Geldings shall not be known to the party or partys
greived or damnifyed as aforesaid he she or they so greived
shall and are obliged with two Sufficient Evidences to take
Notice of the Colour Naturall and Artificiall Marks of any such
Horse Mare Colt or Gelding in writing and the same to affix
and sett up at the most publiq place within the County where
such Damage as aforesaid shall happen to be done ior the
Space of one whole Month Att the end of which no Owner
appearing It then shall and may be lawfull for the partys
greived to shoot kill or destroy the said Horse or Horses upon
his her or their Lands as aforesaid.
And bee it further Enacted by the Authority aforesaid by and
with the Advice and Consent aforesaid That whosoever shall
unlawfully and without the Knowledge and Consent of the
Owner take another Mans horse Mare or Gelding and the
same keep one hour in his Possession and such horse Mare or
Gelding shall without Consent aforesaid occupy in any Labour
or travell shall not only pay Damages to the Owner but shall
forfeit and pay the Sume of five hundred pounds of Tobacco
One half to the Informer the other half to the party grieved to
be recovered in any County Court of this Province by Accon of
Debt bill plaint or Information wherein no Essoyn protection
or Wager of Law to be allowed.