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LEVIN WINDER, ESQUIRE, GOVERNOR.
CHAP. LVII.
An Act to prevent Trespasses in Allegany County. Lib.
TH. No. 3,
fol. 388.
A Supplement, 1816, ch. 215. See 1804, ch. 92. |
NOV. 1812.
CHAP. 57.
Passed Dec. 9. |
WHEREAS it hath been represented to this general
assembly, that
divers persons, not citizens of this state, are in the habit of bringing
large numbers of cattle, horses and hogs, into the upper part
of Allegany county, and there leaving them to graze and pasture
during the summer season, to the great injury and annoyance of
the settlers and citizens, thereby retarding the improvement and
progress of said county; and it being the duty of the state to protect
its citizens and encourage the settlement of its vacant lands,
therefore, |
Preamble. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
from and after the first day of March next, it shall not be lawful
for any person, not an inhabitant of Allegany county, to drive or
keep, or cause to be driven or kept, in said county, any horses,
cattle or hogs, and there suffer them to remain and run at large;
and if any horse, cattle or hog, shall be found going and running
at large therein for the space of two weeks, contrary to the provisions
of this act, it shall and may be lawful for any person or persons (a)
to impound the same, and such person or persons shall immediately
give notice, by advertisement set up at two of the most
public places of the hundred in which the said horse, cattle or hog,
may be impounded, describing the horse, cattle or hog, so impounded,
and if the owner or owners shall not within ten days thereafter
prove his, her, or their property therein, and make compensation
for the injury, (if any,) which may have been sustained by any
inhabitants of said county, to be ascertained by any two disinterested
persons, inhabitants as aforesaid, and shall not pay for every
horse, bull, steer, cow, heifer or hog, the sum of twelve and a half
cents for every day it shall be impounded, it shall and may be lawful
for the person or persons so impounding as aforesaid, to sell or
dispose of the same at public sale, the money arising from such
sale to be applied to the payment of the damages sustained by any
inhabitant as aforesaid, and the allowance for impounding as aforesaid,
the balance to be paid to the owner when demanded; or it may
be lawful for any person or persons whatsoever, who may feel himself
or themselves aggrieved, to drive, dog, or in any manner force
and compel the same without the limits of said county.
(a) By 1816, ch. 215, may apply to a justice of the peace, &c. |
Penalty on persons
not inhabitants,
driving and suffering
to run at large
any horses, &c. in
county. |
2. PROVIDED NEVERTHELESS, AND BE IT ENACTED,
That the
provisions of this act shall not extend to, or affect any person not
an inhabitant of said county, who may actually hold in his own
right, or in the right of his wife, a tract of land not less than fifty
acres, and on which there shall be a settlement and improvement
where a tenant shall constantly reside, and himself occasionally. |
Not to extend to
such as hold lands,
&c. therein. |
3. AND BE IT ENACTED, That if any person or
persons shall
be sued or impleaded for anything done in pursuance of this act,
he may plead the general issue, and give this act and the special
matter in evidence, and if the plaintiff shall be nonsuit or discontinue
his action, he shall pay costs and such damages to the defendant
or defendants as the court shall adjudge. |
Persons sued to
give this act in
evidence. |
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