LEVIN WINDER, ESQ. GOVERNOR.

17J

sessed by any two or three judicious freeholders, to be
appointed by the justice of the peace, trying the case, but
if on hearing an examination as aforesaid, the said jus-
tice shall be satisfied, cither that the claimant is not the
rightful owner of such timber or wood, or that the per-
son charged is not. guilty of cutting destroying or car-
rying it away as aforesaid, such justice shall give judg-
ment in favour of the defendant for his costs of suit.

Dec. Sess.
1813.

2. AND BE IT ENACTED, That judgment render-
ed under this act may be superceded in the same man-
ner as other judgments rendered by a justice of the
peace.

Supercedure.

3. AND BE IT ENACTED, That any person who
may think himself or herself aggrieved by any judgment
rendered under the provisions of this act, shall have the
same benefit and liberty of appeal, and upon the same
terms and conditions as is allowed in cases of debts of a
similar amount.

Appeal in
case of griev-
ance.

4. AND BE IT ENACTED, That all and every
part of any act or acts of Assembly inconsistent with,
and repugnant to the provisions of this act, be and the
same is hereby repealed; Provided, That nothing in this
act shall prevent any person from bringing suit in the
county court for trespass as heretofore used and prac-

Repeal of
former laws.

Proviso.

tised; Provided always AND BE IT ENACTED,
That if the person or persons, so cutting or carrying
away timber or wood, shall claim title to the land on
which the same was growing or lying, or shall allege
that he or they acted under any person or persons claim-
ing title to such land, and shall verify such claim or jus-
tification by oath or affirmation, the justice before whom
the trespass aforesaid shall be prosecuted, shall take no
further cognizance of the same.

CHAPTER 163.

Proviso.

An act authorising a lottery to raise a sum of money for
the purpose of building a Market-House in the east-
ern precincts of Baltimore.
Section 1. BE IT ENACTED by the General Assem-
bly of Maryland, That John M'Eldery, George Wil-
leman, Adam Denmead, Hezekiah Price, John Wilhelem,
Hermanus Alarcks, Daniel Conn, William Stansbury,
Arthur Mitchell, Thomas Kelso, Thomas Hillen and
James C. Dew, or a majority of them be, and they are
hereby authorised to propose a scheme of a lottery, and
to sell and dispose of tickets therein, for raising a sum of
money not exceeding ten thousand dollars, for the pur-
pose of building a market-bouse in the eastern precincts
of Baltimore.

Passed Jan.
31, 1814.

Commission-
ers appointed;
to propose a
scheme.

2. AND BE IT ENACTED, That before the said
persons proceed to make sale of any ticket or tickets in
the said lottery, they shall give bond to the state of

Bond.