52

SAMUEL STEVENS, Jr. ESQUIRE, GOVERNOR,

Dec. Ses. 1823

on or before the first day of May, in every year, as aforesaid, and shall
continue to use or keep up such gate or gates, such person shall for-
feit all the protection afforded by the provisions of this act, and shall
be in the same situation respecting their gates as if this act had not
passed.

Disposition
of money.

6. And be it enacted, That all monies collected by the collector of
the said county under the provisions of this act, shall be paid over to
and applied by the Levy court of said county towards defraying the
county charges.

Tenants au-
thorised.

7. And be it enacted, That in all cases where tenants shall reside or
lands through which public roads may pass and shall keep gates there-
on, it shall and may be law for such tenants to enter such gates in the
manner prescribed by the fourth section of this act, and to pay the tax
thereon, who shall be allowed the same by his landlord in his rent,
upon producing the collectors receipt shewing that he has paid the
same.

Slaves of-
fending:.

8. And be it enacted, That if any slave shall cut down, destroy, in-
jure, or wilfully leave fixed open, any gate upon the public roads,
which shall have been entered in the manner prescribed by the fourth
section of this act, such slave shall be punished for every such offence,
on conviction before a justice of the peace by the oath of one or more
witnesses, by whipping on his or her bare back, in the discretion of the
said justice, not exceeding for each offence the number of ten lashes
Provided always, that the master or mistress of such slave, or any other
person in their behalf, may redeem said slave so convicted from said
punishment by the payment of the fine to the owner or owners of such
gate, imposed by this act, upon free persons for like offences: and pro-
tided also, that no free citizen shall be fined or slave punished, under
the provisions of this act, in any case where such gates shall be found
carelessly standing open, not hung upon good iron hinges, or other-
wise in bad order and repair.

Repeal.

9. And be it enacted, That all and every law usage or custom here-
tofore existing, or in use which is repugnant to or inconsistent with
the provisions of this act, shall be, and is hereby declared to be an-
nulled, abrogated and repealed so far as respects the county herein
mentioned.

Passed Feb.
7, 1824.
Preamble.

CHAPTER 107.

An act authorising gates to be kept on the public roads in Queen Ann's county
Whereas, it has long been a practice of the citizens of this state
owning or residing on lands through which public roads have pass-
ed to keep gates on said roads, for their own private use and con-
venience, without any legal authority for so doing; and whereas, the
county court of Queen Ann's county, at their last May term, after a
full investigation of the subject, hath decided that gates on the pub-
lic roads were public nuisances, thereby subjecting the owners or
keepers of them to all the penalties imposed by law on such as shall
impair or obstruct the public highways, whereby the real estates of
many citizens would be rendered of little value, and not a few of
them totally ruined for want of materials to enclose their fields;—
Therefore,

Conditional
privilege.

Sec. 1. Be it enacted by the General Assembly of Maryland, That
from and after the passage of this act, it shall and may be lawful for
any of the citizens of Queen Ann's county, to keep on the public
roads in said county, all such gates as are now erected on the public
roads, for their own private use and convenience, upon the express