ART. 3. ] BALTIMORE COUNTY. 521
more, as a fee for the person impounding, and one dollar per
head for each day or part of day they may have been kept,
and all costs of advertising; and in default of paying the
same, or if the owner does not claim the stock or geese im-
pounded within five days from the time of posting the notice
aforesaid, it shall be lawful for the person impounding to sell
the stock, swine or geese impounded, for cash, at public sale,
within said limits, upon giving four days' notice of the time
and place of sale, by written or printed bills, to be posted in
at least five public places within the above described limits;
and from the proceeds of such sale to deduct the costs and
charges hereinbefore allowed, the costs of sale and the pen-
alties prescribed in the succeeding section, and the balance of
the sale, if there be any, shall be paid over to the owner of
the stock or geese sold, if applied for within sixty days from
the time of sale.
423. The owner of any horse, mule, horned cattle or swine,
or lot of geese, including two or more, who shall allow
the same to go at large and unattended by a keeper, within
the village of Towson, or within the limits prescribed in sec-
tion 420 shall be liable to a fine of five dollars for each horse,
mule, head of cattle or swine, or lot of geese, so allowed to
run at large unattended, in addition to the charges and costs
above provided for, to be imposed by a justice of the peace
within the limits aforesaid; and it shall be the duty of the
person impounding any such stock or geese, or knowing the
same to be running at large, to report the same to a justice of
the peace, together with the name of the owner, so soon as he
discovers the same; and it shall be the duty of such justice
of the peace to forthwith issue a summons against such owner
in the name of the State, for the use of the person informing,
to answer in a plea of trespass; and if it shall appear upon
testimony taken that such swine, stock or geese were found
going at large within the limits prescribed in section 420, the
justice shall render judgment against the owner for the sum
of five dollars, as herein prescribed, together with costs; the
said fine to be paid, one-half to the informer and the other
half to the person upon whose premises the stock or geese
were found trespassing; provided, that if the owner of such
stock, swine or geese shall make it appear to the justice of
the peace that the same went at large through no fault or
negligence on the part of himself or agent, and that he and
his agent or servant used reasonable care to prevent the same,
then the said fine shall not be imposed, but judgment shall
be given for costs only.
|
|