340

LAWS OF MARYLAND.

any stock shall impound the same, and if taken
up by a constable, he shall give notice of said

Give notice.

impounding, by advertisement in at least two
public places, by either written or printed notice,
posted within that part of said district specified
in this act, describing the stock so impounded,
and he shall proceed to sell said stock, at public
auction, for cash, after giving ten days' notice
from the time of taking up of stock; provided

Powers.

the owner shall have the return of said stock on
paying of all the expenses of keeping said stock,
and all other cost, including fifty cents for
taking up each of said stock.
SEC. 3. And be it enacted, That if any person

Make sale.

shall take up any stock, such person shall im-
pound the same, and shall at once notify the
constable, who shall immediately proceed to
give the notice and make the sale in the same
manner as provided in the second section of this
act, and the owner of said stock shall have the
return thereof, on the said conditions as provided
in that section, and for making a sale under this
section, the constable shall be allowed the same
commissions now allowed by law for the sale of
personal property under execution; this provi-
sion for commission not to apply to sale of stock
taken up by the constable himself.
SEC. 4. And be it enacted, That the said con-
stable thus authorized to make sale of such stock,

Disposition of
money.

if not returned to the owner as aforesaid, shall,
out of the moneys arising from such sale, first
pay the person or persons taking up the stock,
and the cost, charges and expenses incurred, and
damages sustained by the person or persons upon
whose land said stock was trespassing, said dam-
age to be ascertained upon the oath of two dis-
interested sworn appraisers, and the balance, if
any, to the owner or owners of such stock ; and
should no one claim said balance as owner with-
in sixty days of said sale, the constable shall pay
the same to treasurer of the school fund of Dor-
chester county, to be applied to the benefit of
the public schools of said county.
SEC. 5. And be it enacted, That before this act

Submit to vo-
ters.

shall become a law, it shall be submitted to the
qualified voters of that part of the Fork district
included within this act, to determine its appli-