272

LAWS OF MARYLAND.

CHAPTER 162.

AN ACT to protect the rights of property in Dor-

chester county.

SECTION 1. Be it enacted by the General Assembly

of Maryland, That whenever any kind of Stock

Impounded
for trespass.

shall be impounded for trespass in Dorchester coun-
ty and any person or persons shall take away the

same without the knowledge and consent of the par-

ty trespassed upon, or his lawful agent, the party so

Shall have

trespassed upon, shall have the right to procure said

the right.

stock and have the same returned to his custody by

making affidavit to the facts before a justice of the

peace of the district in which he resides, who shall

Constable to

thereupon issue his warrant to a constable to levy

levy.

upon and bring such stock before him upon a day

named in the warrant, and shall at the same time

issue a summons to the person or persons so alleged

to have taken away the same, notifying him or them

Show cause.

to appear before him and show cause why said stock

shall not be returned to the party making such affi-

davit, and either party shall have the right to sum-

Judgment

mons witnesses, and trial shall be had and judgment

given.

given for the return of said stock or the dismissal of

the complaint, together with the costs of the case,

as justice may require.

SEC. 2. And be it enacted, That if judgment be

given in favor of the plaintiff, the said stock shall at

Be delivered

once be delivered to him, and his duties under the

to him.
Right of ap-

peal.

law of impounding for trespass shall begin anew
from such date; provided, that either party shall
have the right of appeal as in other cases, but ex-

ecution of the judgment to go on, unless stayed by

bond as in other cases of appeal.

SEC. 3. And be it enacted, That the constable

making such levy shall be entitled to two dollars

Fees to Con-

therefor, and reimbursement for his actual expenses

stable.

in keeping said stock in custody, in addition to his

fees for serving process, as is now or may hereafter

be allowed by law.

Take away

SEC. 4. And be it enacted, That if any person or

stock.

persons shall take away stock after being impounded