ART. 1. ] TRESPASS. 81

horses, hogs, sheep or black cattle to enter on any of the lands of
any citizen residing west of Savage river in Allegany county,
whether said lands be enclosed or not, without the permission or
license of such owner.

P. L. L., (1860, ) art. 1, sec. 164.

232. Any entry of such cattle shall be deemed a trespass, and
such cattle shall be liable in damages to the person aggrieved in
a Bum not exceeding fifty cents for each head of horses, hogs,
sheep or black cattle thus trespassing, for each day they shall be
and remain on the land and premises, to be recovered before any
justice of the peace of the county as hereinafter directed.

Ibid. sec. 165.

233. If any such horses, hogs, sheep or black cattle shall at
any time be found running at large on the lands of any person
within the limits aforesaid, the owner of the lands, his agent, ten-
ant or overseer, may consider them as trespassing, and may distrain
them by impounding in an enclosure; and it shall be the duty of
the person making the distress to deliver on oath over his own
name and under date, a description in writing of the horses, hogs,
sheep, or black cattle distrained, with their natural and artificial
marks, within two days after making the distress, to some justice
of the peace who shall reside nearest to the place where the dis-
tress was made; and the justice shall file the same among the
papers of his office, and give a copy thereof over his own sig-
nature to the person making the distress; and such person may
sell the said horses, hogs, sheep or black cattle, or so many there-
of as may be necessary to pay the sum of fifty cents on each and.
every head for each day trespassing as aforesaid.

Ibid. sec. 166

234. The person making the distress and selling as aforesaid,
shall, before making such sale, give notice of the time and place
thereof, by public advertisement, set up at three or more public
places in the neighborhood where such distress was made, and
setting forth in such advertisement the certified copy of the jus-
tice of the peace, giving the natural and artificial marks of said
horses, hogs, sheep or horned cattle.