918

LAWS OF MARYLAND.

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

Lawful to take
up Stray
stock.

person, or the duty of any constable, of said District No. 10,
or Straits, to take up any horse, mare or gelding, or mule,

horned cattle, swine or other stock running at large and with-

out attendants in that part of said District No. 10, or Straits,

specified in this Act, and the person or constable so taking

up any stock shall impound the same, and if taken up by

a constable, he shall give notice of said impounding by ad-

vertisement in at least two public places, by either written

or printed notice, posted within that part of said district speci-

fied in this Act, describing the stock so impounded, and he

shall proceed to sell said stock, at public auction, for cash,

after giving ten days notice from the time of taking up of

Proviso.

stock; provided, the owner shall have the return of said

stock on payment of all the expenses of keeping said stock

and all other costs, including fifty cents for taking up each of

said stock.

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

Right to im-

any stock, such person shall impound the same, and shall

pound.

at once notify the 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 owners

of said stock shall have the return thereof on the said con-

ditions 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 stock taken up by the constable himself.

Sec. 4. And be it enacted, That the said constable thus

Authority to

authorized to make sale of such stock, if not returned to

sell.

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

such sale, first pay the person or persons taking up the stock

and the cost, charges and expenses incurred, and damages

sustained by the person or persons upon whose land said

stock was trespassing, said damage to be ascertained upon

the oath of two disinterested sworn appraisers; and the bal-

ance, if any, to the owner or owners of such stock, and should

no one claim said balance as owner within sixty days of

said sale, the constable shall pay the same to the treasurer of

the school fund of Dorchester County to be applied to the

benefit of the public schools of said county.

Approved April 8, 1904.