18 LAWS OF MARYLAND—1715.
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to take up such horse, mare or gelding so trespassing, and the
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 person 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 hereinafter imposed,
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 any magistrate.
See 1769, ch. 18, and 1830, ch. 56, how estrays are to be advertised. |
Penalty for
taking, &c.
other men's
hones, &c. |
SEC. 5. And be it further enacted, by the authority aforesaid,
by and with the advice and consent aforesaid, That whosoever
shall unlawfully, and without the knowledge and consent of
the owner, take another man's horse, mare or gelding, and the
same keep one hour in his possession, (except such horse, mare
or gelding, be found a trespassing as aforesaid, and the owner
not known,) and such horse, mare or gelding, shall, without
consent aforesaid, occupy in any labour or travel, shall not only
pay damages to the owner, but shall forfeit and pay the sum of
five hundred pounds of tobacco, 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 infor-
mation, wherein no essoin, protection or wager of law to be
allowed.
SEC. 6. Inoperative, as the constitution recognizes no such officer.
SEC. 7, 8, 9, 10, 11. See preceding note. |
Stoned
horses to be
kept in
enclosures,
&c. |
SEC. 12. And, whereas the extravagant multitude of useless
horses, mares and colts, that run in the woods, are found very
pernicious and burthensome to the inhabitants of this province,
it is thought necessary that some suitable remedy be provided
in that behalf; and therefore, Be it enacted, by the authority
aforesaid, by and with the advice and consent aforesaid. That
from and after the end of this present session of assembly, all
stoned horses shall be kept within good sufficient enclosures ,
and in case any stoned horse or horses that have been taken up
and broke fit for use shall happen to be found loose, and out of
such enclosures, it shall and may be lawful for any person or
persons whatsoever to take up and impound, or cause to be
taken up and impounded, in some open pound, and there to de-
tain him, on the risk of the owner thereof, or cause him to be
so detained, until the owner or owners of such horse, having
speedy and convenient notice of such impounding, shall satisfy
unto the person so impounding, or causing such horse to be |
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