414

LAWS OF MARYLAND.

one, for stock of any kind to run at large upon any

land belonging to any person other than the owner

of such stock, whether such land be enclosed or un-

enclosed, within the limits of said county.

SEC. 4 And be it enacted, That if any owner of

Take up and

any real estate, or tenants having the same rented

impound.

or leased, shall find any cattle, hogs or other stock

not belonging to such owner of real estate or such

tenant, trespassing upon the land of such owner or

upon the land rented by such tenant, it shall be law-

ful for such owner of real estate or tenant to take

up and impound the same; and any person so tak-

ing up and impounding any stock shall notify a jus-

tice of the peace of the election district in which

Give public

such stock is impounded, who shall give notice of

notice.

such impounding of stock by public notice set up at

two or more public places in the district in which

such stock is impounded, and that the same will be

sold within ten days, unless the owner or owners of

such stock shall come forward and claim the same ;

and if the owner or owners of such stock shall claim

the same within ten days from the date of the notice

of such impounding, he or they shall have the prop-

erty returned to him or them upon paying all ex-

penses of keeping, and all costs incurred by the im-

pounding of such stock, and the sum of twenty-five

cents for taking up each of said stock, the cost of

keeping such stock during the time it is so impound-

ed to be determined by the said justice of the peace.

SEC. 5. And be it enacted, That if any owner

Claim actual

or renter of real estate as aforesaid, who shall take

damage.

up any stock found trespassing upon his or their

land, shall claim any actual damage sustained by

him or them by reason of the trespass of the stock

so impounded, and the owner of the stock and the

person taking up and impounding the same cannot
agree as to the amount of such damages, the justice

of the peace, upon application of either party, shall
issue a summons directing some constable to sum-

mon three disinterested persons to value said dam-

ages, under oath, and the amount of damages returned
by a majority of such appraisers shall be paid by the

owner of the stock before having the property re-

turned to him or them ; and if the owner of such