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CHAP. 116.
Money received to
be applied to
keeping roads in
repair
Cattle so driven
and suffered to run
at large may be
distrained
Herdsman to pay
for license
Penalty on per-
sons disturbing
any cattle, &c*
Act repealed
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4. And be it enacted, That the money received, by and in virtue
of this act shall be applied by the said levy court towards keeping
the roads in said county in repair, and be credited to that part of
the county tax levied for that purpose.
5. And be it enacted, That if any person or persons, not residents
or citizens as aforesaid, shall drive or send any black cattle, horses
or hogs, into the upper part of said county, and there leave them
running at large, and not place them under the care, management
or superintendance of a herdsman or herdsmen as aforesaid, it shall
be the duty of the constable of the hundred to ascertain, as nearly
as he can, the number of said black cattle, horses or hogs, so run-
ning at large, and to whom they belong, and distrain so many of
them as will raise the tax herein before imposed, and upon ten
days notice given in the neighbourhood where the said cattle, horses
or hogs are so found running at large, and if the said tax be not
paid on or before the day notified for the sale, to sell the same, (or
as many thereof as will raise the amount due,) to the highest bidder,
for ready money, for the purpose of paying said tax, and the costs
of said distress and sale; and the said constable shall be entitled
for each and every distress and sale by him so made, to the sum of
one dollar, and seven and one half per cent, upon the amount of
tax due, and shall account with the said levy court of said county
for said tax so by him collected, at the same time as the herdsmen
are hereby directed.
6. And be it enacted, That each and every herdsman or herdsmen,
upon application for a license, as herein before, directed, shall pay
to the justice of the peace granting the same, and taking the bond
of said herdsman or herdsmen, the sum of fifty cents, as a compen-
sation for his trouble.
7. And be it enacted, That if any person or persons, shall here-
after dog, harrass, or otherwise disturb, or scare, by any devise
or means whatsoever, any cattle, horses or hogs, placed under the
care, or management of any herdsman or herdsmen, licensed under
this act, every person so offending, and being thereof convicted,
shall forfeit and pay the sum of fifty dollars for each and every of-
fence, to be recovered by indictment or presentment in the court of
Allegany county, provided the same be prosecuted for within twelve
months after the offence is committed, one half to the use of the
informer, and the other half to the use of the county, to he. applied
as herein before directed; and it shall be the duty of every herdsman,
licensed agreeably to this act, to attend to the cattle, horses or hogs,
placed under his care, and see that they commit no trespass on
the enclosure or enclosures of any person or persons in the neigh-
bourhood where such cattle, horses or hogs, are herded, and shall
moreover be. liable in damages to any and every person or persons
who may sustain any injury or damage by the trespass of any such
cattle, horses or hogs, to be ascertained by any justice of the peace
of said county, who is hereby authorised to grant judgment for the
same, and issue execution therefor, as in cases of small debts.
8. And be it enacted, That the act. passed at November session
eighteen hundred and twelve, chapter fifty-seven, entitled, An act
to prevent trespasses in Allegany county, and all the supplements
to said act, be and the same are hereby repealed.
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