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SEC. 1. BE IT ENACTED by the General As-
sembly of Maryland, That from and after the first
day of March next, it shall not be lawful for any
person not an inhabitant of Allegany county, to drive,
or keep, or cause to be driven or kept in said county,
any horses, cattle or hogs, and there suffer them to
remain and run at large; and if any horse, cattle or
hog shall be found going and running at large there-
in for the space of two weeks, contrary to the provi-
sions of this act, it shall and may be lawful for any
person or persons to impound the same, and such
person or persons shall immediately give notice by
advertisement set up at two of the most public pla-
ces of the hundred in which the said horse, cattle or
hog may be impounded, describing the horse, cattle
or hog so impounded, and if the owner or owners
shall not within ten days thereafter prove his, her or
their property therein, and make compensation for
the injury, (if any, ) which may have been sustained
by any inhabitants of said county, to be ascertained
by any two disinterested persons, inhabitants as
aforesaid, and shall not pay for every horse, bull,
stear, cow, heifer, or hog, the sum of twelve and a
half cents for every day it shall be impounded, it
shall and may be lawful for the person or persons so
impounding as aforesaid, to sell or dispose of the
same at public sale, the money arising from such
sale to be applied to the payment of the damages
sustained by any inhabitant as aforesaid and the al-
lowance for impounding as aforesaid, the balance to
be paid to the owner when demanded; or it may be
lawful for any person or persons whatsoever, who
may feel himself or themselves aggrieved, to drive,
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1812.
Persons not
inhabitants of
said county
shall not drive
horses, &c—
penalty — how
to be recover-
ed.
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dog or in any manner force and compel the same
without the limits of said county: Provided never-
theless, AND BE IT ENACTED, That the pro-
visions of this act shall not extend to, or affect any
person not an inhabitant of said county, who may
actually hold in his own right, or in right of his wife,
a tract of land not less than fifty acres, and on which
there shall be a settlement and improvement where
a tenant shall constantly reside, and himself occa-
sionally.
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Proviso.
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2. AND BE IT ENACTED, That if any person
or persons shall be sued or impleaded for any thing
done in pursuance of this act, he may plead the gen-
eral issue, and give this act and the special matter
in evidence, and if the plaintiff shall be nonsuit or
discontinue his action, he shall pay costs and such
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Persons sued
to give this act
in evidence.
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