1831

LAWS OF MARYLAND.

CHAP.169

every such offence, forfeit and pay to the said company, a
sum not exceeding one hundred dollars, which may be re-
covered in the name of the said company by an action of
debt, in the court of Allegany county, and shall also be sub-
ject to indictment in said court, and upon conviction of such
offence, shall be punished by fine or imprisonment, in the
discretion of the court.

Time of commenc-
ing abd finishing

limited.

Sec, 25. And be it enacted, That if this road shall not
be commenced in five years from the passage of this act,
and shall not be finished in six years from the time of the
commencement thereof, then this act shall be null and void.

CHAPTER 169.

Passed Feb.19,1832

A supplement to an act entitled, An act for the protection of
Sheep in the several counties of this state.

Owner to kill of-
fending dog.

Be it enacted by the General Assembly of Maryland, That
if any dog or dogs shall be detected in killing or injuring
any sheep, and the same shall be proven, by oath or affir-
mation of the owner of said sheep, or of any other person,
being a competent witness under the laws heretofore exist-
ing in this state, before a justice of the peace, that upon
complaint and information of such proof, to the owner or
owners of said dog or dogs, he, she or they shall proceed
forthwith to kill said dog, and on his, her or their refusal
or neglect to do so, it shall and may be lawful for the own-
er or owners of said sheep, to kill said dog or dogs after-

Constables duty

prescribed.

wards found running at large, or apply to a constable,
whose duty it is hereby declared to be upon the party so
calling upon him, producing the affidavit hereby required,
to proceed forthwith to the house of the owner or owners
Of said dog or dogs, and to kill said dog or dogs there or
wherever else found, and for the discharge of the duties

His reward.

hereby imposed, the constable shall be entitled to receive
the sum of four dollars, for every dog so killed, to be paid
by the owner or owners of said dog or dogs, and to be col-

General proviso.

lected as other constables fees are; *Provided, That if said
dog or dogs shall have been immediately killed by the owner
or owners thereof, upon complaint, information and proof
of the owner or ownersof said sheep, as provided in this
law, then, and in that case, the owner or owners of said
sheep shall not have cause of action against the owner or
owners of said dog or dogs.

*This proviso is omitted in the engrossed bill through mistake.