III.  Provided always, That no Person whatsoever, though grieved or
damnified, shall presume to shoot, kill or destroy any such Horse or Horses
as aforesaid, except upon his, her, or their proper inclosed Grounds, within
this, her, or their lawful possession, by Lease for Years, yearly Rent, or other
lawful Tenure, upon the Penalty of paying the owner thereof the full
Value of such Horse, Gelding, Mare or Colt so killed or destroyed; to be recovered
by Action of Trespass, or Action on the Case, in any County Court
of this Province.

    IV.  And be it further Enacted, by the Authority aforesaid, by and with the
Advice and Consent aforesaid, That whenever any Horse, Mare or Gelding,
shall break into any Corn-Field, or other Inclosure, and the Owner be not
known, that then, and in all such Cases, it shall and may be lawful for the
party aggrieved, to take up such Horse, Mare or Gelding do 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 Person aggrieved shall set up in the most public Places in the same
County:  And, until the Owner shall be known, it shall and may be lawful for
such injures Person to use and employ such Horses, Mares ands Geldings,
without incurring the Penalties in this Act herein after imposed, not injuring
such Beast by any careless or wilful Means; which Beast shall be delivered
in good Order of the Person owning the same, proving his Property,
by the Testimony of one Witness, before any Magistrate.
    By 1750, ch. 25, the Party grieved who shall take up any trespassing Horse, &c. shall set up
the Account of the Marks (taken as above by a Magistrate) at the Court-house Doors, and other
public Places in the County, within Five Days, and cause the Marks to be recorded among
the County Records:  And shall cause the same to be published in the Maryland Gazette
within Six Months after such Account taken.  And the Expences arising thereon shall be paid
by the Owner of such Horse, &c. at the Time of receiving the same.  And Persons taking up
Horses, and acting contrary hereto, forfeit 30 l. Currency for every Offence.

    V.  And be 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 Man's Horse, Mare
or Gelding, and the same to keep one Hour in his Possession (except such Horse,
mare or Gelding, be found a trespassing as aforesaid, and the Owner not known)
and such Horse, Mare or Gelding, shall, without Consent aforesaid, occupy
in any Labour, or Travel shall not only pay Damages to the Owner, but
shall forfeit and pay the Sum 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 Action of Debt, Bill, Plaint or Information,
wherein no Essoin, Protection or Wager of Law to be allowed.

    VI.  And forasmuch as diver Complaints are made of the Abuses committed
by such Persons that have obtained Commissions from the Government to
range the Woods and Forests after wild Neat Cattle and Horses; it is prayed
that it may be Enacted, And be it Enacted, by the Authority, Advice and Consent
aforesaid, That it shall not be lawful for any Person, after the End of this
Present Session of Assembly, to make Application to the Governor, for the
Time being, to grant a Commission to range as aforesaid, except such Person
produce a Certificate from under the Hands of the Justices of the County 
Courts where the said Person is to range, setting forth, that he is of good
Fame.  And be it further Enacted, by the Authority aforesaid, by and with the
Advice and Consent aforesaid, That no person commissionated as aforesaid, shall
depute any Person as a Deputy, to range the Woods and Forests after wild
neat Cattle or Horses as aforesaid, except such Person be likewise approved of
by the Justices of the County in which he is to range as Deputy.

But no injured
Person
may kill such
Horses, &c.
out of his
own Inclosures,
on Penalty
of paying
the full 
Value.
 

Stray Horses
breaking into
Inclosures, 
ho to be
taken up,
and used, till
the Owner be
known.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Persons riding
or working
other
Mens Horses,
&c. without
Knowledge
or Consent of
the Owner,
how punishable.
 
 
 
 
 

Horse-Rangers
and their
Deputies, to
be approved
by the Justices
of the
Counties
where they 
are to range.