EDWIN WARFIELD, ESQ., GOVERNOR.

733

CHAPTER 427.

AN ACT to prevent swine running at large in that part of

District No. 10, or Straits, known as Precinct No. I, lying

on the west side of Fishing Bay in Dorchester County.

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

Preventing

land, That it shall not be lawful for swine of any kind to go at

swine run-

large without an attendant in that part of District No. 10, or

ning at large.

Straits, known as Precinct No. 1 of said district lying on the

west side of Fishing Bay in Dorchester County.

SEC. 2. And be it enacted, That it shall lawful for any per-

son and the duty of a constable to take up any swine running
at large and without attendants in that part of said District

Duty of con-
stable in

No. 10, or Straits, specified in this Act, and the person or con-

premises.

stable so taking up any swine shall impound the same, and if

taken up by a constable he shall give notice of said impounding

by advertisement in at least two public places by either written

or printed notice posted within that part of said districts

specified in this Act describing the swine so impounded ; and

he shall proceed to sell the said swine at public auction for

cash, after giving ten days' notice from the time of taking

up of said swine; provided, the owner shall have the return

of said swine on paying of all the expenses of keeping said

swine and all other costs, including fifty cents for taking up

of each of said swine.

SEC. 3. And be it enacted, That if any person shall take up

any swine such person shall impound same and shall notify the

To impound

constable, who shall immediately proceed to give the notice

and make the sale in the same manner as provided in the

second section of this Act ; and the owner shall have the return

thereof on the said conditions as provided in that section ; and

for making a sale under this section the constable shall be

allowed the same commissions now allowed by law for the

sale of personal property under execution; this provision for

commission not to apply to sale of swine taken up by the con-

stable himself.

SEC. 4. And be it enacted, That the said constable thus au-

thorized to make sale of such swine, if not returned to the

owner as aforesaid shall, out of the moneys arising from such

Moneys aris-

sale first pay the person or persons taking up the swine and
the cost, charges and expenses incurred and damages sustained

ing from
sale of swine.

by the person or persons upon whose land said swine was tres-

passing; said damage to be ascertained upon the oath of two