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Sec. 3. And be it enacted, That if any person or per-
sons not having their lands enclosed with such fence or
fences as are mentioned in the second section of this act,
shall impound, kill or otherwise damage any hog, cow,
sheep, horse or other cattle or stock which shall be found
on his, her or their said lands, the owner or owners of
such hog, cow, sheep, horse or other cattle may apply to
a justice of the peace of the county, who shall issue a
warrant for damages against such person or persons so
doing or causing such damage as aforesaid for the use of
the person so applying to him as aforesaid, and it shall be
the duty of said justice at the time of issuing said war-
rant to issue a summons to three freeholders of said coun-
ty requiring them or a majority of them to meet on the
premises and ascertain and value the damage or damages
so done as aforesaid, and to appear before said justice on
the return day of said warrant to testify in the premises,
and the said justice upon due proof of all the facts afore-
said being made to him, shall give judgment in favor of
the said plaintiff against the said defendant for such sum
as the said freeholders or a majority of them shall have
testified to be correct and proper damages.
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CHAP. 212.
Justice may
issue writ for
damages.
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Sec. 4. And be it enacted, That the fees of all officers
in executing this act shall be the same as are now allow-
ed by law in other cases before a justice of the peace, or
in the county court as the case may be, and the said free-
holders shall be allowed the same per diem for each day
they may be engaged under the provisions of this act as
is allowed to witnesses in cases of small debts.
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Fees same as
in other cases.
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Sec. 5. And be it enacted, That this act shall not
extend or be applicable to hogs or swine going at large
within five miles of the bounds of the city of Baltimore.
Sec. 6. And be it enacted, That all laws inconsistent
with the provisions of this act, be and the same are hereby
repealed.
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Not to apply
to hogs going
at large &c.
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