LAWS OF MARYLAND.— 1838.

1283

SEC. 3. And be it enacted, That the said bond so approved

Recognized

by the justices of the orphans court as aforesaid, shall be re-

as available.

corded by the register of said court, and shall avail in all

respects as the official bond of a clerk of a county court, now

required by law, until the new bond be taken by the county

court and approved and recorded as herein before provided.

CHAPTER 244.

AN ACT to repair Injuries done by Rail Road Carriages and Engines,

upon the several Rail Road Companies of this State.

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

R. R. C. re-

That the several rail road companies in this state, shall be re-

sponsible
for injuries.

sponsible for injuries hereafter, resulting in death, or otherwise,

inflicted upon any stock, as cattle, horses, sheep, hogs, &c. or

by fire occasioned by their engines, or carriages, upon any of

their roads, and the branches thereof, unless said company can

prove to the satisfaction of the justice, magistrates' court, or

other tribunal, before which said suit may be tried, that the

injury complained of, has been committed without any negli-

gence on the part of said company or their agents ; the damages

claimed shall be sued for, and be recoverable by action of the

Method of

owner or owners of said stock, or the person or persons, injured

recovering.

by fire as aforesaid, before a single justice of the peace, when

the damages claimed shall not be over fifty dollars; before the

magistrates' courts, when the damage shall not be over one

hundred dollars ; and before the county courts, when the

damages shall be over one hundred dollars.

SEC. 2. And be it enacted, That the damages claimed under

Suit for,

this act, shall be sued for in the county where the injuries shall

brought and
conducted.

have been done, and that summons served upon the president,

or any one of the directors or conductors of any of said compa-

nies, shall be considered proper service upon the corporations ;

Provided, that said service shall be made at least twenty days

before the day of trial ; And provided, that if said company

shall not appear to answer at the time therein specified, on the

return of two subpoenas, served as aforesaid, then the court

shall proceed to enter up judgment against said corporation, as

if said corporation had regularly appeared, provided said judg-

ment shall not be rendered, until affidavit shall be filed, shew-

ing the name of the president, director or conductor, on whom

said service was made, and the day of said service.

SEC. 3. And be it enacted, That any property belonging to

Property

(he said corporation, shall be liable for the amount of all judg-

liable.

ments rendered under this act ; Provided however, that nothing

herein contained, shall be construed to deprive either party of

the right of appeal, as in all cases for like causes of complaint,

or the right of removal of said causes to any other county

court, as in other civil actions.