1846.

LAWS OF MARYLAND.

CHAP. 78.

CHAPTER 78.

Passed Feb.
16, 1847.

An act authorising Alward Johnson, to erect and keep
two gates on the public road in Parks' Neck, in Dor-
chester County.

Preamble.

WHEREAS, it is represented to this General Assembly,
by the petition of Alward Johnson, of Dorchester coun-
ty, that he sustains great damage from the trespassing of
stock upon his premises, for want of two gates on the
public road in Parks' Neck of said county; and whereas,
the said road, on account of the greater facility of water
communication with the surrounding neighborhood, is
seldom travelled by persons with horses, or in carriages
of pleasure or burthen — Therefore,

Authorised to
erect gates.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That the said Alward Johnson be, and he is
hereby authorised and empowered to erect and keep two-
gates on the public road in Parks' Neck, in Dorchester

Express con-
ditions.

county, in such part as he may select, upon the express
conditions following: the said gates shall be hung on
good and substantial posts, with good and sufficient iron
hinges, and shall be kept at all times in good order and
repair.

Any person de-
stroying gates,
fined $10.

SEC. 2. And be it enacted, That, if any person or per-
sons, after the passage of this act, shall cut down, des-
troy, take away or remove either of the said gates, upon
conviction thereof, before a single magistrate, he or they
shall forfeit and pay to the said Alward Johnson a sum
not less than one nor more than ten dollars for every such
offence, to be recovered as small debts are out of court.

If a slave, be
punished by
whipping.

SEC. 3. And be it enacted. That if any slave shall cut
down, destroy, injure or willingly leave open the said
gates, or either of them, such slave, on conviction before
a justice, of the peace, shall be punished by whipping,
in the discretion of said justice, not exceeding for each

Proviso.

offence ten lashes; provided, that no person shall be fined,
nor slave be punished, under the provisions of this act,
in any case where said gates shall be found carelessly
standing open, not hung upon good iron hinges, or
otherwise in bad order or repair.

Repealed.

SEC. 4. And be it enacted, That all laws repugnant
to, or inconsistent with the provisions of this act, be and
they are hereby repealed, go far as they relate to the
said gates in Parks' Neck.