294 Assembly Proceedings, April 26- June 3, 1715.

C. P.

ures of any Inhabitants within this province within the time
by this Act Limitted as afd the said Owner or Owners thereof
having notice or warning thereof given him her or them two
Sev^ll times by the party Grieved and notwithstanding the
Owner or Owners of such horse or horses Mares Colts or Geld-

p. 143

ings as afd Neglecting to performe what is by this Law In-
joyned And required that then itt shall and may be Lawfull
for the person grieved and Damnified to shoot kill or Destroy
any such horse or horses Mares Colts or Geldings as afd.
Provided always that no person whatsoever tho' grieved or
Damnified shall presume to shoote kill or Destroy any such
horse or horses as afd Except upon his or their proper Inclosed
grounds within his or their Lawfull possession by Lease for
years yearly rent or other Lawfull tenure upon the penalty of
paying the Owner thereof the full Value of such horse Geld-
ing Mare or Colt soe killed or Destroyed to be recovered by
Action of Tresspass or Action on the Case in Any County
Court of this Province.
And be itt further Enacted by the Authority afd by and with
the Advice and Consent afd that when Ever any horse Mare or
Gelding shall break into any Cornfield or other Inclosure and
the Owner be not known that then and in all such Cases itt
shall and may be Lawfull for the party Aggrieved to take up
such horse Mare or Gelding soe Tresspassing and the same
to Carry before the next Magistrate who shall be Obliged to
take an Account of the Mark of such beasts both Naturall and
Artificiall which the party Aggriev'd shall sett up in the most

p. 144

publick places in the same County and Untill the Owner shall
be known itt shall and may be Lawfull for such Injured person
to use and Employ such horses Mares and Geldings without
Incurring the penalties in this Act herein after Imposed not
Injuring such beast by any Careless or willfull means which
beast shall be Delivered in good order to the person owning
the same proving his property by the Testimony of one wit-
ness before Any Magistrate.
And be itt further Enacted by the Authority afd by and with
the Advice and Consent afd 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 Except such horse Mare or Gelding be
found a Tresspassing as afd and the Owner not known and
such horse Mare or Gelding shall without Consent afd Occupy
in any Labour or Travell shall not only pay Damages to the
Owner but shall fforfeit and pay the Sume of five hundred
pounds of Tob^o one halfe to the Informer the other halfe to
the party Grieved to be recovered in any County Court of this