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ROBERT BOWIE, ESQUIRE, GOVERNOR.
CHAP. XCII.
An Act relating to stray Black Cattle in Allegany County.
Lib. JG.
No. 4, fol. 686.
See November, 1812, ch. 57. |
1804.
CHAP. 92. |
WHEREAS an inconvenience is found from the want
of a regular
mode prescribed by law, whereby strays of the aforesaid description
may be taken up, and compensation made for the injury done
by said strays; therefore, |
Preamble. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
whenever any black or horned cattle shall break into any enclosure,
or otherwise be found trespassing and astray, the party aggrieved,
or owner or occupier of the land whereon such stray shall be found,
may forthwith and immediately thereon procure from a justice of
the peace, or a justice of the levy court, a warrant directed to
two such disinterested judicious persons as one of the justices aforesaid
shall appoint, to appraise and value the stray cattle as aforesaid
upon oath, at the true value thereof in money, according to
their best judgment, and to administer an oath unto them for that
purpose accordingly, which warrant and oath, either of the justices
aforesaid are hereby respectively authorised to issue and administer;
and it shall further be the duty of the persons so as aforesaid
authorised, to make out a certificate of the valuation by them
affixed, together with a description of the stray beast, setting forth
its age, colour and marks, natural and artificial, which certificate
and warrant shall, within fifteen days from the date of the warrant,
be, by the party taking up such stray, lodged with the clerk of
the county, who shall enter the same in a book for that purpose to
be kept, for which he shall be paid, at the time of receiving the
certificate, twenty-five cents; and the person so taking up shall
also cause an advertisement, giving a description of such stray, to
be set up at the most public places within his neighbourhood, or
publish the same in some news-paper, within the time afore limited
for the return of the warrant; Provided nevertheless, that no beasts
belonging to persons or the neighbourhood where they shall be
found, and which are not more than seven miles from their owners
dwelling, shall be considered as strays under this act. |
Stray cattle to be
appraised, &c.
Proviso. |
3. AND BE IT ENACTED, That if the owner of
any such stray
beast appear within one year next after such notice of the taking
up given to the county clerk as aforesaid, and make out his right
and title thereunto, by the testimony of one witness, before any
magistrate, he shall have restitution of the same, or the value
thereof, allowing and paying twenty five cents for entering the warrant
and certificate as aforesaid, together with such necessary
charges as shall have arisen in keeping, notifying, appraising, and
necessary travel respecting the business, to be liquidated and adjusted
by some justice of the levy court, or justice of the peace, of
the same county, in case of disagreement between the owner and
finder; and if no owner appear within one year as aforesaid, then
such strays shall be and remain to the finder, he being still answerable
to the owner for the valuation as before affixed, after deducting
the charges as before allowed, if such beast be converted
to the benefit of said finder, either by selling or killing the same;
provided however, the owner make demand thereof in three years
from the end of the one year first mentioned. |
Owner to have
restitution, &c. |
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