EDWIN WARFIELD, ESQ., GOVERNOR.

701

63. No action of trespass quare clausum fregit in Charles

Cannot tres-

County shall be adjudged to be maintained or supported by

pass upon
unenclosed

evidence that the defendant, or any horse, cow or other domes-

land

tic animal (other than hogs or swine) belonging to him passed

on or over any waste or unenclosed land in the said county, or

by proof that any such animal trod down or ate the grass or

herbage or rooted up or distributed the soil or earth on any

such waste or unenclosed land, and the defendant in any such

action may plead the general issue and give the special matter

in evidence, provided, however, that this section shall not be en-

Proviso.

forced within the corporation limits of La Plata.

61. No person shall restrain any horse, cow or other beast

Town limits
exempted.

(other than hogs or swine) damage feasant, upon any waste

or unenclosed land in Charles County ; provided, however, that

this section shall not be enforced within the corporation limits

of La Plata.

SEC. 2. And be it enacted, That all Acts or parts of Acts in-

consistent with this Act be and the same are hereby repealed,

and that this Act shall take effect from and after the date of its

passage.

Approved April 8, 1901.

CHAPTER 399.

AN ACT to protect citizens of Maryland from certain com-

municable diseases, especially tuberculosis of the lungs and

larynx.

SECTION 1. Be it enacted by the General Assembly of Mary-

Protecting

land, That from and after the date of the passage of this Act

persons
from com-

any person affected with any disease whose virus or infecting

municable
diseases.

agent is contained in the sputum, saliva or other bodily secre-

tion or excretion, who shall dispose of his sputum, saliva or

other bodily secretion or excretion as to cause offense or dan-

ger to any person or persons occupying the same room or apart-

ment, house or part of a house, shall, on complaint of any per-

son or persons subjected to such offense or clanger be deemed

guilty of a nuisance. And any person subjected to such a

nuisance may make complaint in person or writing to the Com-

missioner of Health of Baltimore City or the local health of-

ficer of any city, town or county in the State of Maryland where

the nuisance complained of arises or exists. And it shall be

the duty of the Commissioner of Health or of any local health

officer receiving such complaint to investigate, and if it appears

that the nuisance complained of is such as to cause offense or

danger to any person occupying the same room, apartment,

house or part of a house, he shall serve a notice upon the per-

son so complained of, reciting the alleged cause of offense or

danger, and requiring him to dispose of his sputum, saliva or

other bodily secretion or excretion in such a manner as to re-

move all reasonable cause of offense or danger. And any per-

son failing or refusing to comply with orders or regulations of

the Health Commissioner of Baltimore City or of the health