| 1782.
CHAP.
XVII. |
LAWS of MARYLAND.
be paid, to be by him applied to the uses aforesaid, to be recovered
with costs
of suit. |
Carriages to
have broad
wheels,
&c. |
XXXIII. And,
whereas the paving the streets of Baltimore-town will be attended
with a great expence to the inhabitants thereof, and it is necessary that
due care to be taken to preserve the pavements made or to be made from
any and
every avoidable and unnecessary injury: And whereas nothing can be
more destructive
to pavements of any kind, and particularly to those newly made, than
the carrying large and excessive weights and burthens in carriages, the
felloes of
the wheels whereof are of small breadth, whereby the stones of such pavements
are loosened and torn up, and the pavements themselves in a great measure
ruined:
For remedy whereof, Be it enacted,
That no waggon, wain or care, whatsoever,
belonging to any person whatsoever, residing or inhabiting within the said
town, or within three miles of the said town, shall travel, pass or be
drawn, on
any of the paved parts of the said town, with any greater number of beasts
of
draught than three if a four-wheeled carriage, and if a two-wheeled carriage
with
any greater number of beasts of draught than two, unless the felloes of
such
wheels shall be of the breadth or gauge of four inches from side to side
at the
least; and that no such wheeled carriage belonging to persons residing
as aforesaid,
shall travel or be drawn in the said town, with or by any number of oxen
whatsoever,
unless the felloes of the wheels thereof shall be of the breadth or gauge
of
four inches from side to side at the least; carts with one horse, stage
and light
travelling waggons for passengers, excepted; and that every owner or owners
of
such wheel carriage, which shall pass or be drawn contrary to the directions
and
meaning of this act, shall, for every such offence, forfeit and pay the
sum of five
pounds, or otherwise shall forfeit any one of the beasts of draught drawing
such
wheel carriage (excepting the shaft or thill horse) together with the geers,
bridles,
halter, and other accoutrements, to such beast or draught belonging. |
Beasts seized
to be delivered
to a constable,
&c. |
XXXIV. And be
it enacted, That the person or persons making such seizure
or distress as aforesaid, shall deliver the horse or ox so seized and distrained,
with
the accoutrements, into the custody of some one of constables of said town,
and
every such constable is hereby required to take and receive and safely
keep the
same, till the person or persons making such seizure shall make proof,
upon oath
or affirmation, before some justice of the peace, of the offence committed;
and
the said justice, before whom such proof shall be made to their satisfaction,
is
hereby empowered and required to issue his precept to such constable, to
sell and
dispose of the beast so forfeited, with the accoutrements, at public auction
or
vendue, first giving due notice of such sale, and the money arising therefrom
the said constable shall pay, one moiety thereof to the party or parties
so seizing
and distraining the said beast, and the other moiety to the special commissioners,
or the treasurer, to be applied towards paving the streets, after deducting
from
the whole such reasonable charges as the justice shall allow; but, in case
no such
proof shall be made within twenty-four hours after such seizure, that then
such
beast shall be returned to the owner or owners thereof without any costs
or expences. |
Penalty on
persons hindering,
&c. |
XXXV. And be
it enacted, That if any person or persons shall hinder, prevent
or obstruct, the measuring or gauging of the felloes of such wheels, or
the
seizing or distraining of any horse or beast of draught hereby directed
to be forfeited,
every such person or persons so offending shall, for every such offence,
forfeit and pay the sum of ten pounds, being thereof legally convicted
in any
county court within this state; provided it shall appear, that the felloes
of such
wheels were originally made of the full breadth prescribed by this act,
and to
have become less by wear or use, except the same shall be less than three
inches
and one half wide, the penalties and forfeitures hereby imposed on the
owner or
owners shall not be incurred, nor the same recovered in manner aforesaid,
or in
any other manner; provided also, that nothing in this act shall be deemed,
held
or construed, to debar or prevent any person or persons, residing as aforesaid,
from transporting in his, or their own waggon, wain or cart, for his, her,
or their
own use, but not for hire, any matters or things whatsoever, with two beasts
of |
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