EDWIN WARFIELD, ESQ., GOVERNOR.

925

such stock, upon conviction thereof, he shall pay to the owner

of said stock the full value thereof, with costs of suit; and if

such person be a married woman, she shall be liable under this

section of this sub-title of this Article as fully as if she were

femme sole, and her separate estate shall be responsible thereof.

144. In all other cases of trespass by stock, the party tres-

passed upon shall be entitled to recover from the owner of

Cases of tres-

the stock trespassing the amount of damage done by such

pass.

trespass as other debts are now recovered; and in case the

owner of said stock shall be a married woman, she may be sued

therefor and judgment may be recovered against her as fully

as if she were a femme sole, which said judgment may be en-

forced by execution against her separate estate ; and the stock

so found trespassing shall be also liable, in all cases, for the

damage committed, and may be held by the party trespassed

upon and damaged until the full amount of such damage and

the cost of keeping and impounding such stock shall be paid ;

and the judgment rendered for such damage shall be a lien

Lien upon

upon said stock so found trespassing from the date of said

trespassing
stock.

trespass, which said lien shall not be affected or destroyed

by any alienation, sale or other transfer of said stock subse-

quent to the date of said trespass.

145. If joint fences are not kept in repair according to the

provisions of this sub-title, the party aggrieved or likely

May discon-

to be injured, instead of pursuing the remedy prescribed in

tinue the
fence.

the said sections, may discontinue the said fence upon giving

three months' notice in writing to the party refusing or de-

laying his agent or tenant; and in all other cases (unless by

mutual consent) twelve months' notice shall be required to

discontinue any joint fence.

146. Should the owner of arable land who may be proceeded

against under the preceding section of this sub-title be a non-

Non-resident.

resident of the State of Maryland and have no agent, employee,

tenant or representative living upon said land, in such case any

notice provided for in said preceding sections may be stuck up

on the door of the principal dwelling house upon said land,

and if there be no such dwelling house, then on some prominent

object on said land.

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

inconsistent with the provisions of this Act be and the same

are hereby repealed.

Approved April 8, 1904.