Maryland, now in force.
37
Fences.
I. An. 11. W. 3. 1699.
p.
57. All Fences designed to
enclose Corn Ground shall at least 5 foot high quite
round, and well and sufficiently made. And in case
any Horse or Cattel break over any such Fence, the Owner
of such Horse or Cattel shall be lyable to an Action
of Trespass, if the damage shall in the Judgment of 2
indifferent men amount to 200 l. of Tobacco; if less, the
Owner of the Cattel shall be had before any one Justice
of Peace of the County, who shall award such damages
as he shall think convenient.
II. If any person wilfully and maliciously
burn, pull
down, or any ways destroy any Corn Field, Pasture or
Orchyard, or any Fence or Fences, and be thereof lawfully
convicted, he shall pay treble damages to the Party
grieved, as the Justices shall determine, or a Jury award.
III. As often as any Horse, Mare, Gelding
or other
Beast shall get into any Corn Field or Oat Ground, inclosed
with such a Fence before mentioned, the Owner
of the Ground shall be obliged to give notice to the Owner
of the such Beasts, and if he neglect to restrain his Beast,
the Owner of the Ground may shoot or kill such Beast
or Beasts upon his Possession the third time.
IV. If the Owner of such Beasts shall
not be known
to the Party grieved or damnified, he or she shall with
2 Witnesses take notice in Writing of the colour, and
marks of such Beasts, and set up the same in the most
publick place of the County, and if at the end of one
month no Owner appears, the party grieved may shoot
or kill such Beasts upon his Possession as aforesaid.
D 4
|
![clear space](../../../images/clear.gif) |