Acts. 155

such Horse Mare or Gelding so Trespassing and the same to carry
before the next Magistrate who shall be obliged to take an Account
of the Marks of such Beasts both natural and artificial which the
persons aggrieved shall set up in the most publick places in the same
County and untill the owner shall be known it shall and may be
Lawful for such injured Person to use and employ such Horses
Mares and Geldings without incurring the Penalties in this Act
therein after imposed not injuring such Beast by any careless or
wilful means which Beast shall be Delivered in good order to the
Person owning the same proving his property by the Testimony
of one Witness before any Magistrate which Method by Experience
is found inconvenient to the Owner or Owners of such Horses Mares
or Geldings they being very often kept for a considerable Time in
the Possession of the Party by whom such Horse Mare or Gelding

Liber R. G.
1769

are taken up before the same comes to the Knowledge of the owner
of such Horse Mare or Gelding For Prevention whereof,

p. 33

Be it enacted by the Right Honourable the Lord Proprietary by
and with the Advice and Consent of his Lordships Governor and the
Upper and Lower Houses of Assembly and the Authority of the same
That from and after the End of this Session of Assembly the party
grieved who shall take up any such Horse Mare or Gelding Trespassing
as aforesaid shall be and is hereby obliged and directed to set up such
Account so taken by the Magistrate as aforesaid describing the Marks
of such Beasts both natural and artificial at the Court House Door and
other Publick Places in the County where such Horse Mare or Geld-
ing shall be taken up within Five days after such Account taken and
moreover cause the Marks natural and artificial of such Horse Mare
or Gelding to be recorded amongst the Records of such County Court
within Five Days after such Account shall be taken and cause the same
to be Published in the Maryland Gazette in one Month if the said
Beast be taken up on the Western Shore and in Two Months if taken
up on the Eastern Shore after such Account shall be taken which Pub-
lication shall be continued Three Weeks Successively in the said
Gazette and the Expences arising thereon shall be paid by the Owner
or Owners of such Horse Mare or Gelding at the Time of his re-
ceiving any such Horse Mare or Gelding any Law Usage or Custom
to the Contrary in any wise notwithstanding,

[Notice to
be given by
the Party
grieved; how
and in what
manner.]

And be it further enacted That any person that shall take up such
Horse Mare or Gelding and that shall Act Contrary to the Directions
of this Act shall for every such Offence forfeit the Sum of Ten
pounds Current Money one half to the Informer the other half to
the party grieved to be recovered in any County Court of this Prov-
ince by Action of Debt Bills, Plaint or Information wherein no
Essoin Protection or Wager of Law nor more than one Imparlance
shall be allowed

[Penalty.]