1962

LAWS OF MARYLAND.— 1837.

Disposition

be distributed amongst the several counties of this state, and

of the pro-
ceeds di-

the city of Baltimore, for the support of free schools, as provided

rected.

for by one other act passed at the present session ; Provided

To free
schools.

however, that the said moneys shall be continued on deposite in

Proviso.

the Union Bank of Maryland, and the Franklin Bank of Balti-

more, in case the said banks will consent to retain the same on

the conditions herein before provided.

In case the

SEC. 2. And be it enacted, That if none of the incorporated

banks de-

banks will accept of the deposite of the aforesaid money, upon

the terms herein before provided, and give adequate security to

the treasurer for the payment thereof, the said treasurer shall

be, and hereby is authorized to invest the same in the stock of

this state, or in any other safe and productive fund, at his dis-

cretion.

CHAPTER 309.

AN ACT to repair injuries done by Fire from Rail Road Engines.

Case of

SEC. 1. Be it enacted, by the General Assembly of Maryland,

injury.

That if any woods, fields or other property, real or personal, be

burned or injured, by the fire or sparks from any locomotive

engine or other machine, the rail road company in whose use,

employment or service, or upon whose rail road such engine or

machine may be at the time such fire is communicated or such

Payment

burning occasioned, shall pay damages to the owner or owners

directed.

of any such property, equal to the injury which may be done to

the same, by any such fires or burning, the damages to be re-

Recovora-

covered by an action on the case in the county court where the

ble.

injury is douo.

Tried at

SEC. 2. And be it enacted, That all suits or actions for

first term.

damages under this act, shall be tried at the first term of the

court in which they are brought, if process be served on the de-

fendant ten days before the meeting of the court, and if process

be not served ten days previous to the meeting of the court, then

the suit or action to be tried at the next term ; the ten days to

be exclusive of the day of serving and the day of the meeting

of the court.

Sufficient

SEC. 3. And be it enacted^ That a service of the process upon

service of

any director, officer, attorney, agent or servant of any defendant

process.

in any action under this act, shall be deemed a sufficient ser-

vice, and if the defendant shall fail to appear at the first term,

if the process was served ten clear days previous thereto, or at the

second term if process was served within the ten days, the court

Proceedings

upon application of the plaintiff at any time after the second day

authorized.

of the term, and proof of the service of the process, either by the

sheriff's return thereto, or by affidavit that the same was served.

shall enter a judgment by default against the defendant, and

damages shall be assessed and ascertained, by a jury empan

nelled at bar, as in cases of writs of enquiry.