LAWS OF MARYLAND.—1716. 17
CHAPTER 31.
AN ACT ascertaining the height of Fences, to prevent the evil occasioned
by the multitude of horses, and restraining horse-rangers within this pro-
vince, and to redress the great evil accruing to this province by the mul-
tiplicity of useless horses, mares and colts that run in the woods. |
|
SEC. 1. Be it enacted, by the King's most excellent majesty,
by and with the advice and consent of his majesty's Governor,
Council and Assembly of this province, and the authority of the
same. That all enclosures by fences or otherwise, within the
intention of this act hereinafter mentioned, shall be five foot
high; and from and after the first day of May till the next
tenth day of November next, and so yearly and every year, all
owners of any horse or horses, mares, colts and geldings, shall
and are hereby obliged to keep all such horse or horses, mares,
colts or geldings, within good and sufficient enclosures, fenced
grounds or pastures, upon the pains and penalties hereafter
following. |
Enclosures
to be live
feet high,
&c. |
SEC. 3. And be it further enacted, by the authority aforesaid
by and with the advice and consent aforesaid. That if the owner
or owners of any such horse or horses, mares, colts or geldings
as aforesaid, shall omit to take up, drive in, and keep up all such
horses, mares, colts or geldings, and that such horses, mares
colts or geldings, shall break into the pastures, corn fields, or
other enclosures of any inhabitants within this province, within
the time by this act limited as aforesaid, the said owner or
owners thereof having notice or warning thereof given him
her or them, two several times by the party grieved, and not
withstanding the owner or owners of such horse or horses
mares, colts or geldings as aforesaid, neglecting to perform what
is by this law enjoined and required, that then it shall and may
be lawful for the person grieved and damnified, to shoot, kill or
destroy any such horse or horses, mares, colts or geldings as
aforesaid. |
After notice
horses may
be shot, &c. |
SEC. 3. 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 enclosed grounds, within his, her or their
lawful possession, by tease for years, yearly rent, or other law-
ful 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. |
Proviso. |
SEC. 4. 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 enclosure, and the owner be not known, that then, and in
all such cases, it shall and may be lawful for the party aggrieved
3 |
Stray
horses, how
to be taken
up, &c. |
|
 |
