120 LAWS OF MARYLAND—1769.
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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 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 therein after imposed, not in-
juring 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 incon-
venient to the owner or owners of such horses, mares or geld-
ings, 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, |
Notice to
be given,
&c. |
SEC. 2. Be it enacted, by the right honourable the Lord Pro-
prietary, 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 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 public places in the county where such horse, mare
or gelding, shall be taken up, within five days after such ac-
count taken, and moreover, cause the marks, natural and artifi-
cial, 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
publication shall be continued three weeks successively in the
said Gazette, and the expenses arising thereon shall be paid by
the owner or owners of such horse, mare or gelding, at the
time of his receiving any such horse, mare or gelding, any law,
usage or custom to the contrary in anywise notwithstanding.
Modified by 1830, ch. 56. |
Penalty for
not giving
notice. |
SEC. 3. 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 reco-
vered in any county court of this province, by action of debt, |
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