12 Assembly Proceedings, 1694-1728.

Public
Record
Office,
London.
C. O. 5,
Vol. 731,
Maryland.
From
1694-1702.
Acts

lerable in the utter Ruine & destruccon of Corne Feilds, Pastures,
and other Inclosures, which otherwise would produce great store of
good & usefull provisions, And whereas the severall Acts heretofore
made for prevention of the aforesaid Evills have not had the happy
Effect as was by them Intended Be it therefore Enacted by the King
& Queens most Excellent Ma^tys by and with the Advice & Consent of
this present Generall Assembly and the authority of the same that
from and after the first day of May next till the Tenth day of Novem-
ber next and so yearly & every year all Owners of any horse horses
Mares Colts and Geldings shall & are hereby obliged to keep all
or any such Horse or Horses Mares Colts and Geldings within
good and sufficient Inclosures fenced grounds or pastures from the
first day of May till the tenth day of November yearly for prevention
of the greate Mischeife and Evills aforesaid upon the pains and
penaltys hereafter following Be it further Enacted that if the Owner
or Owners of any such Horse or Horses as aforesaid shall omitt to
take drive in and keep up all such horses as before menconed &
intended, by which meanes any such horses shall breake in or into the
Pastures Cornefeilds or other Inclosures of any Inhabitants within
this Province within the tyme or between the first day of May and the
Tenth day of November as aforesaid the said Owner or Owners of
such horse or horses as aforesaid having notice or warning thereof
given him her or them three severall tymes by the party grieved and
notwithstanding the Owner or Owners of such horse or horses as
aforesaid shall & will neglect to performe what by this Law is In-
joyned & required. That then it shall & may be lawfull for the
party grieved and damnified to shoote kill and destroy all or any such
horse or horses Mares Colts and Geldings as aforesaid Pro-
vided always that no person whatsoever tho grieved or damnified
shall presume to shoote kill or destroy any such horse or horses
as aforesaid any where except upon his her or their proper Freehold or
lands within his her or their lawfull possession by Lease for yeares
yearly rent or other lawfull Tenure upon the penalty of paying
the Owner thereof the full vallue thereof to be recovered in any
of their Ma^tys Court of Record by Bill Plaint or Informacon
wherein no Essoyne Proteccon or Wager of Law to be allowed.
And be it further Enacted that if the Owner or Owners of any
such Horse Horses Mares Colts or Geldings shall not be knowne
to the party or partyes grieved or damnified as aforesaid he she or
they soe grieved shall and are hereby obliged with two sufficient
Evidences to take notice of the colour naturall and artificiall markes
of any such horse Mare Colt or gelding in writing and the same to
affix and put up at 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 noe Owner appearing It then shall
& may be lawfull for the partys grieved to shoote kill and destroy the
said Horse or Horses upon his her or their lands as aforesaid This