1837.

LAWS OF MARYLAND.

CHAP. 228

CHAPTER 228.

Passed Mar. 24,
1838.

An act for the regulation of Gates on the public roads in
Prince Georges and Charles Counties.

Persons break-
ing, opening,
&c.

SECTION. 1. Be it enacted by the General Assembly of
Maryland, That if any person or persons shall here-
after tear down, destroy, remove, or leave open any
gate on any public road in Prince George's or Charles
counties, when the same shall be strongly and substan-
tially made, and so hung as not to cause unnecessary
delay or hindrance to travellers on said road, he or

Guilty of mis-
demeanor.

she shall be liable to prosecution before a justice of
the peace or magistrates' court, in the county in which
said offence shall have been committed, in the name of

Or if a slave.

the State as for a misdemeanor; and if a slave, to be
punished by the infliction of any number of stripes, not
exceeding thirty-nine, at the discretion of the justice
of the peace or magistrates court, before whom the

Fine.

case shall be heard and determined, and any other per-
son or persons so offending may be punished at the
discretion of said justice of the peace or magistrates'
court by fine, not exceeding ten dollars, to be recover-
ed as other fines are recovered for the use of the coun-
ty in which said offence shall have been committed.

Appeal provid-
ed.

SEC. 2. And be it enacted, That any white person
charged as aforesaid, who feels aggrieved by a judg-
ment of the justice or justices in the premises, may
appeal to the next county court, upon giving bond in
the usual form to the State, for the prosecution of the
appeal and payment of the fine and costs, if said judg-
ment be affirmed; and if any person charged as afore-
said, shall require the same, the justice or justices
shall issue a warrant to a constable or sheriff of the
county, returnable in not less than ten days, to sum-
mon a jury to try the issue between the State and
traverser, (the accused giving bond for his appearance,
or in default thereof to be committed,) the verdict of
which jury and judgment thereon shall be final, and if
the judgment in any case under this act be in favor of
the defendant, the levy court of said county shall assess
and levy on said county the costs for the benefit of said
defendant.