CHAP.
XXV.
Persons taking
up trespassing
Horses,
&c. shall
set up Notes
thereof, &c.
according to
the original
Act, &c.
and also publish
the same
in the Maryland
Gazette,
in 6 Months.
at the Expence
of the
Owner.
Penalty for
acting contrary
to this
Law.
Duration. |
" of the Marks of such Beasts, both Natural and Artificial, which the
Persons
" 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
" injured Person to use and employ such Horses, Mares, and Geldings, without
" incurring the Penalties in this Act herein after imposed, and 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 nay 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, are taken
up, before the same comes to the Knowledge of the Owner of such Horse,
Mare, or Gelding: For Prevention whereof;
II. Be it Enacted,
by the Right Honourable the Lord Proprietary, by and
with the Advice and Consent of his Lordship's 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 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 Public Places in the County where such
Horse, Mare, or Gelding 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
said
to be published in the MARYLAND GAZETTE in Six Months after such
Account shall be taken; and the Expences arising thereon, shall be paid
by
the Owner or Owners of such Horse, Mare, Gelding, at the Time of his
receiving any such Horse, Mare, or Gelding; any Law, Usage, or Custom,
to the contrary in any wise notwithstanding.
III. And be it
also Enacted, That if any Person within this Province
shall now have in his or her Possession, any such Horse, Mare, or Gelding,
so taken up as aforesaid, he or she shall be, and is hereby obliged and
directed,
within Sixty Days after the End of this Session of Assembly, to set up
an Account of such Horse, Mare, or Gelding, taken by some Magistrate as
aforesaid, describing the Marks both natural and artificial of such Beasts,
and
the same to Publish, Record, and Advertise, in the same Manner that any
Person is obliged by this Act to do, in relation to any Horse, Mare, or
Gelding, which shall be taken up after the End of this Session; any Thing
in the aforesaid recited Act to the contrary in any wise notwithstanding.
IV. 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 Thirty Pounds
Current
Money, 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, no more than one Imparlance shall be allowed.
V. This Act to continue Three Years, and unto
the End of the next Session
of Assembly which shall happen after the Expiration of Three Years.
Examined and Compared with the Original Act, REVERDY
GHISELIN.
THOMAS BACON.
Farther continued by 1753, ch.
7; 1757, ch. 5; 1760, ch. 13; and 1763, ch. 11.
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