ROADS.

1665

SEC. 2. And be it enacted, That the eleventh section of the
act of eighteen bundled and one, chapter fifty-four, be, and the
same is hereby repealed, so far as the same relates to Charles
county.

AN ACT for the regulation of Gates on the Public Roads in Prince George's
and Charles Counties. — 1837, ch 228.

11th sec.
act of 1801,
ch 54, re-
pealed as to
C. Co.

SEC. 1. Be it enacted by the General Assembly of Maryland,
That if any person or persons shall hereafter tear down, de-
stroy, remove, or leave open any gate on any public road in
Prince George's or Charles counties, when the same shall be
strongly and substantially made, and so hung as not to cause
unnecessary delay or hindrance to travellers on said road, he

Persons
breaking,
opening,
&c.

or she shall be liable to prosecution before a justice of the
peace or magistrates' court, in the county in which said offence
shall have been committed, in the name of the state as for a

Guilty of
misdemean-
or.

misdemeanor ; and if a slave, to be punished by the infliction
of any number of stripes, not exceeding thirty-nine, at the
discretion of the justice of the peace or magistrates' court,
before whom the case shall be heard and determined, and any
other person or persons so offending may be punished at the
discretion of said justice of the peace or magistrates' court by

Or if a
slave.

fine, not exceeding ten dollars, to be recovered as other fines
are recovered for the use of the county in which said offence
shall have been committed.

Fine.

SEC. 2. And be it enacted, That any white person charged
as aforesaid, who feels aggrieved by a judgment of the justice
or justices in the premises, may appeal to the next county
court, upon giving bond in the usual form to the state, for the
prosecution of the appeal and payment of the fine and costs, if
said judgment be affirmed ; and if any person charged as afore-
said, shall require the same, the justice or justices shall issue
a warrant to a constable or sheriff of the county, returnable in
not less than ten days, to summon a jury to try the issue be-
tween the state and traverser, (the accused giving bond for
his appearance, or in default thereof to be committed,) the
verdict of which jury and judgment thereon shall be final,
and if the judgment in any case under this act be in favour of
the defendant, the levy court of said county shall assess and
levy on said county the costs for the benefit of said defendant.

Appeal
provided.

SEC. 3. And be it enacted. That in all cases arising under
this act, the justice or justices shall inform the accused of his
rights under this act, as to the mode of trial, and in default

Duty of
justice in
the case.

thereof the said justice or justices shall be liable to a fine not
less than fifty or more than one hundred dollars, recoverable
by action of debt at the suit of the party injured.
234

Liability
for neglect.