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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1101   View pdf image (33K)
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CRIMES AND PUNISHMENTS 1101

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

An. Code, 1924, sec. 27. 1912, sec. 24. 1904, sec. 23. 1888, sec. 21. 1722, ch. 8, sec. 3.

23. 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 boundaries 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 bound-
ary, shall forfeit and pay for each offense the sum of one hundred dollars.

An. Code, 1924, sec. 28. 1912, sec. 25. 1904, sec. 24. 1900, ch. 66, sec. 21A.

24. 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 trespass 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 committed to the jail of 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 judg-
ment of said justice of the peace to the circuit court for the county or crim-
inal court of Baltimore where such trespass was committed, at any time
within ten days after such judgment was rendered; and, provided, further,
that nothing in this section shall be construed to include within its pro-
visions 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.

For a suit for malicious prosecution growing out of an arrest under this section, see
Bishop v. Frantz, 125 Md. 188, 195.

An. Code, 1924, sec. 29. 1912, sec. 26. 1904, sec. 25. 1888, sec. 22. 1722, ch. 8, secs. 3, 4.

25. The penalties incurred under sections 22 and 23 shall be recovered
by indictment, which shall contain as particular a description of the place,
and to whose lands the boundaries relate which have been set up or
destroyed, as possible, and one-half of such penalty shall go to the informer.

Informer's fees abolished. See Art. 38, Sec. 3.

An. Code, 1924, sec. 30, 1912, sec. 27. 1906, ch. 782.

26. Any person or persons who shall remove, break or otherwise destroy
or mutilate any monument or monuments marking any boundary line
between the State of Maryland and any adjacent State, or between any
counties of the State of Maryland, shall be guilty of a misdemeanor, and
upon conviction thereof in any court having criminal jurisdiction in any
county on a boundary line of which such monument shall have been situated


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1101   View pdf image (33K)
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