1532 LAWS OF MARYLAND.

shall prove to the satisfaction of the Justice of the Peace before
whom the said proceedings are pending that the said swine did
not go, run or roam at large from any negligence or want of
care on the part of the said owner, his agents, servants or em-
ployees, and that due diligence and care had been used to pre-
vent said swine from going, running or roaming at large, the
said Justice of the Peace shall order the said swine to be re-
turned or delivered to the said owner, upon the said owner pay-
ing in advance all damages, to be ascertained as hereinafter pro-
vided, sustained by the person or persons upon whose land
and property the said swine was trespassing, going, running or
roaming at the time of said impounding, and all expenses inci-
dent to the impounding of said swine and of keeping the same
while so impounding, including the sum of fifty cents ($0.50.)
for each of said swine so impounded, to be paid to the Constable
or other person impounding the same, and the sum of fifty
cents, for each of said swine so impounded, to be paid, to the
Justice of the Peace for advertising the same, which said adver-
tising fee of the Justice of the Peace shall be in addition to any
other fees to which the Justice of the Peace may be entitled
for services performed in the premises.

SEC. 228A-3. And be it enacted, That if any person or per-
sons upon whose land or property the said swine was trespassing,
going, running or roaming at the time said swine was so im-
pounded shall claim to have sustained damages by the trespass-
ing of said swine, such person or persons so claiming, to have
been damaged as aforesaid, shall, within two days after said
swine has been impounded, notify the said Justice of the Peace
before whom the said proceedings are pending, whereupon it
shall be the duty of the said Justice of the Peace to forthwith
issue his warrant to a Constable of the said District, if there be
one residing therein, and if not, then to a Constable of some
adjourning or near-by District, commanding him to summon
three disinterested persons, to be named by the Justice of the
Peace in said warrant, to go upon the premises, after being duly
sworn so to do by the Constable summoning them, and to ascer-
tain, appraise and value in dollars and cents the damages, if any,
done by said swine, and to make return thereof under oath as
aforesaid to the Justice of the Peace issuing said warrant, which
said appraisement shall be signed by the said appraisers, and
returned by the said Constable to the said Justice of the Peace;
provided, that it shall be competent for the owner of said swine
so impounded as aforesaid, if he shall f eel. aggrieved by the dam-