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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 317   View pdf image (33K)
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ART. 27] CRIMES AND PUNISHMENTS. 317

Boundaries.

1904, art. 27, sec. 22. 1888, art. 27, sec. 20. 1860, art. 30, sec. 14.
1722, ch. 8, sec. 2.

23. No person under any pretense whatsoever shall cut down or
otherwise destroy any boundary or bounded trees, either of his own
lands or of the lands of any other person whatsoever, even although
such boundary or bounded trees should stand within the person's own
land so cutting down and destroying the same, under the penalty of one-
hundred dollars for every such offense.

The act of 1722, ch. 8, refers to boundaries established by authority or
which have acquired a known character and reputation, and not to boun-
daries established by private persons of their own accord. Penal acts are
strictly construed. Ruth v. State, 20 Md. 436.

Ibid. sec. 23. 1888, art. 27, sec. 21. 1860, art. 30, sec. 15. 1722, ch. 8, sec. 3.

24. If any person shall, without lawful authority, either at random
or for his own pleasure, bound any tree or trees in the woods or upon
his own lands, or shall bound any tree or trees, or set up other boun-
daries for his own or others' land, in lieu and place of any original
boundary or bounded tree that is any way decayed or destroyed, without
first giving notice to all persons concerned in such boundaries, of the-
time and place proposed for setting up or making such new boundaries^
or upon the failure of the persons concerned in such lands (upon notice,
or when notice cannot be given), being present at the time and place-
appointed, shall not take with him four substantial freeholders of his
neighborhood at the least, that may be present at the bounding such tree
or trees, or setting up such other boundary, shall forfeit and pay for
each offense the sum of one hundred dollars.

Ibid. sec. 24. 1900, ch. 66, sec. 21A.

25. Any person or persons who shall enter upon or cross over the
land, premises or private property of any person or persons in this
State after having been duly notified by the owner or his agent not to
do so shall be deemed guilty of a misdemeanor, and on conviction thereof
before some justice of the ,peace in the county or city where such tres-
pass may have been committed be fined by said justice of the peace not
less than one, nor more than one hundred dollars, and shall stand com-
mitted to the jail or county or city until such fine and costs are paid,
provided, however, that the person or persons so convicted shall have
the right to appeal from the judgment of said justice'of the peace to the
circuit court for the county or criminal court of Baltimore where such
trespass was committed, at any time within ten days after such judg-
ment was rendered; and, provided, further, that nothing in this section
shall be construed to include within its provisions the entry upon or
crossing over any land when such entry or crossing is done under a
bona fide claim of right or ownership of said land, it being the intention
of this section only to prohibit any wanton trespass upon the private
land of others.

 

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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 317   View pdf image (33K)
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