LLOTD LOWNDES, ESQUIRE, GOVERNOR.

part thereof, which may be recovered of the owner as other
debts are recovered; provided, if the owner of said land is a
non-resident of the county, or is absent therefrom, the service
of summons upon the tenant, overseer or other representative
shall not be a sufficient service upon the owner; and the party
making or repairing said division fences shall not be entitled
to compensation therefor, unless notice shall have first been
served upon said non-resident or absent owner in conformity
to the provisions of section 76.

79. If any owner, his tenant, overseer or other representa-
tive having an interest in any joint division fence, shall fail to

9

make or keep in repair his part thereof, he shall not be entitled
to damages on account of any trespass through said part, by
etock belonging to another joint owner, his tenant, overseer or
other representative; and if said owner or other person shall
kill, maim or otherwise wilfully injure such stock, he shall,
upon conviction, pay to the owner the full value of said stock,
with costs of suit, and shall also be liable to a fine of not less
than ten dollars nor more than fifty dollars, and, in default of
payment of such tine, to be imprisoned in the county jail until
such fine be paid, or until discharged by due process of law;
but in all other cases of trespass, the party trespassed upon
shall be entitled to recover from the owner of the stock the
amount of damages done by such trespass, as is provided for
by law, except that if the stock so trespassing shall enter
through its owner's enclosures, the party maiming, killing or
otherwise injuring said stock shall be entitled to prove the
amount of the damage done by such stock in mitigation of
the damage for the killing and maiming thereof.

Not entitled
to damages
for trespass.

SEC. 2. And be it enacted, That this act shall take effect:
from the date of its passage.
Approved February 17th, 1896.

CHAPTER 7.

AN ACT to prohibit the sale of spirituous or fermented
liquors, or lager beer at any place in Garrett county within
two miles of Anderson Chapel, in the village of Swanton,
Garrett county, Maryland.

Effective.

SECTION 1. Be it enacted by the General Assembly of Mary-

land, That it shall not be lawful for the Clerk of Garrett
county, Maryland, to issue license to any person or persons to

Intoxicating
liquors,
where un-
lawful to
sell.