1837.

LAWS OF MARYLAND.

CHAP. 309.

CHAPTER 309.

Passed Mar. 29,

1838.

An act to repair injuries done by Fire from Rail Road.
Engines.

Case of injury.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That if any woods, fields or other proper-
ty, real or personal, be burned or injured, by the fire
or sparks from any locomotive engine or other ma-
chine, the Rail Road Company in whose use, employ-
ment or service, or whose upon rail road such engine or
machine may be at the time such fire is communicated

Payment direc-
ted.

or such burning occasioned, shall pay damages to the
owner or owners of any such property, equal to the
injury which may be done to the same, by any such

Recoverable.

fires or burning, the damages to be recovered by an
action on the case in the county court, where the inju-
ry is done.

Tried at first
term.

SEC. 2. And be it enacted, That all suits or actions
for damages under this act, shall be tried at the first
term of the court in which they are brought, if process
be served on the defendant ten days before the meeting
of the court, and if process be not served ten days pre-
vious to the meeting of the court, then the suit or ac-
tion to be tried at the next term; the ten days to be
exclusive of the day of serving and the day of the
meeting of the court.

Sufficient ser-
vice of process.

SEC. S. And be it enacted, That a service of the
process upon any director, officer, attorney, agent or
servant of any defendant in any action under this act,
shall be deemed a sufficient service, and if the defen-
dant shall fail to appear at the first term, if the pro-
cess was served ten clear days previous thereto, or at
the second term if process was served within the ten

Proceedings au-
thorised.

days, the court upon application of the plaintiff at any
time after the second day of the term, and proof of the
service of the process, either by the sheriff's return
thereto, or by affidavit time the same was served, shall
enter a judgment by default against the defendant, and
damages shall be assessed and ascertained, by a jury
empannelled at bar, as in cases of writs of enquiry.