ART. 67.] LIABILITY OF RAILROAD COMPANIES FOR DAMAGES, ETC. 723

used all reasonable diligence and all the powers intrusted to them for the prevention or suppression of such riotous or unlawful as- semblages.	indemnity not allowed.
4. In any suit instituted under the three preceding sections, the plaintiff may declare generally and give the special matter in Evidence.	Id s 4. 1835, c 137, s.2. Pleading

XIV.—LIABILITY OF RAILROAD COMPANIES FOR, DAMAGES

TO CATTLE, ETC.

1 Railroad companies responsible for injuries, etc , to stock. 2 How damages recovered

3 Where suit to be brought, how process served 4 Judgment by default

1. Railroad companies shall be responsible for injuries resulting in death or otherwise, inflicted upon any stock, as cattle, horses, sheep, hogs, and so forth, or by fire occasioned by their engines or carriages, upon any of their roads, and the branches thereof, unless the said companies can prove to the satisfaction of the justice or other tribunal before which the suit may be tried, that the injury complained of was committed without any negligence on the part of the company or its agents. This section to apply to all property, real or personal.	Art 77, s 1. 1838, c 244, s 1 , 1841, c 266 , 1646, c 346 Railroad com- panies respon- sible for injur- ies, etc , to stock 4 Md 242 , 10 Md 268, 12 Md 257 17 Md 32 , 24 Md 271: 27 Md 589 , 28 Md 647 , 37 Md 19 , 39 Md 115 158, 251. 329, 438, 574. 45 Md. 486
2. The damages caused by such injuries may be sued for and re- covered by the owner of such stock, or the person injured by fire, before a justice of the peace, when the damages claimed shall not be over one hundred dollars, and in the Circuit Court for the county, or the court having civil jurisdiction over the amount claimed in the city of Baltimore, when the amount claimed exceeds one hun- dred dollars.	Id s 2 1838, c 244, s 1. How damages recovered 39 Md 116
3. The damages claimed, under section 1, hereof, shall be sued for in the county or city where the injuries shall have been done, and a summons served upon the president, or any of the directors,	Id s 3 1838, c 244,s. 2. Where suit to be brought.
or conductors, of any of said companies, shall be considered proper service upon the corporation; provided, said service shall be made at least twenty days before the return day of the writ.	How process served
4. If the company summoned shall not appear to answer at the time named in the summons, on the return of two summons served as aforesaid, the court or justice shall proceed to enter up judgment against said corporation, as if the said corporation had regularly appeared, but such judgment shall not be rendered until affidavit shall be filed showing the name of the president, director, or conductor, on whom said service was made, and the day of said service, and any property belonging to the corporation shall be liable for the amount of such judgment.	Id s 4 1838, c 244,s. 2. Judgment by default.