1934.

LAWS OF MARYLAND,

CHAP. 165.

CHAPTER 165.

Passed Mar. 5, 1835

An act to prevent Trespass west of Savage River in Allega-
ny County.

Non-residents stock

prohibited

Section 1. Be it enacted by the General Assembly of Ma-
ryland, That from and after the passage of this act, it shall
not be lawful for any person or persons who do not bona
fide reside in Allegany county, to drive or cause to be driv-
en or suffer or permit any of his, her, or their horses, hogs,
sheep, or black cattle, to enter on any of the lands of any
citizen residing west of Savage River, in said county,
whether the said lands be enclosed or not closed, without
permission or license of such owner or owners, for that
purpose first had and obtained.

Trespass defined

Sec. 2. And be it enacted, That every entry of any such
horses, hogs, sheep, or black cattle, contrary to the provi-
sions of this act, shall be deemed in law a trespass by the
owner, person or persons having the care or charge of such
horses, hogs, sheep, or black cattle, and all horses, hogs,
sheep, or black cattle, shall be liable in damages to the per-

Penalty

son or persons aggrieved in a sum not exceeding fifty cents
on each head of horses, sheep, hogs, or black cattle, thus
trespassing, for each day that they shall be and remain
on the lands or premises, of any citizen aforesaid, to be re-
covered and made before any justice of the peace for said
county, in manner prescribed by the third section of this
act.

Stock running at

large

Sec. 3. And be it enacted, That if any horses, hogs,
sheep, or black cattle, shall at any lime be found running at
large on the lands of any person or persons, Within the
limits prescribed in the first section of tins act, it shall and
may be lawful for the owner or owners of the lands, his, her,
or their agent, tenant or overseer, to consider such horses,
hogs, sheep or black cattle, so running at large as tres-

Deemed trespass
Impounding

passing, and the said owner or owners of the said land, his,
her, or their agent, tenant, or overseer, may distrain the said
horses, hogs, sheep and black cattle, by impounding or con-
fining such horses, hogs, sheep or black cattle, in an enclo-
sure, and it shall be the duty of the person or persons mak-

Proceeding therein

ing the distraint to deliver on oath or affirmation, over his
own name and under date, a description in writing, setting
forth the number of horses, hogs, sheep, or black cattle,
thus distrained, with their natural and artificial marks, with-
in two days after the distraint shall have been made, to some
justice of the peace for said county, who shall reside near-