1794.

LAWS of MARYLAND.

CHAP.

XXXIII.

of the faid dodor Clark, made by virtue of the act herein above recited, agreea-
bly to the fpirit and intention of the will of faid doctor Clark, or to oblige the
faid Thomas Clark to pay over to the faid children of the faid dodor Clark their
refpective portions of the amount of faid fales fooner than they would have been
entitled to receive their portions of their faid father's eftate by virtue of his will,
and the law of the land, if the above recited act had not paffed or been con-
firmed.

Paffed De-
cember 26.

Preamble.

CHAP. XXXIV.
An ACT to repeal and alter part of an act of affembly therein
mentioned.
WHEREAS under the twenty-firft fection of an act of affembly, paffed
at a feffion of affembly in the year feventeen hundred and ninety-three,
entitled, An act to provide for the appointment of commiffioners for
the regulation and improvement of the town of Cambridge, in Dorchefter coun-
ty, and to eftablifh and regulate a market in the faid town, many inconveniences
and injuries may arife; therefore,

Forfeitures,
&c. repealed,
&c.

II. Be it enacted, by the General Affembly of Maryland, That the forfeitures and
penalties impofed and prefcribed by the faid twenty-firft fection of the aforefaid act,
fo far as the fame may relate to geefe and fwine belonging to, and ufually kept
upon, any plantation or place without the limits of faid town, whether fuch
geefe or fwine be the property of any inhabitant of the faid town, or of any
other perfon, fhall be and the fame are hereby revoked and repealed, and in lieu
of fuch forfeitures and penalties in the cafes aforefaid, the owner or owners of
fuch geefe and fwine fhall be liable to forfeit and pay the fum of three-pence for
every goofe, and one fhilling for every hog, fo feized and fecured, as directed by
the aforefaid fection of the faid act, or by this act, to be retained by the bailiff
for his trouble and expence in feizing, fecuring and keeping the fame.

Geefe, &c. in
certain cafes
to be fold,
&c.

III. And be it enacted, That if, in the cafes above mentioned, the owner fhall
not, within the fpace of two days after fuch feizure, apply for fuch geefe or
fwine, and thereupon pay the faid bailiff the fum above directed, the bailiff fhall,
not lefs than on one day's notice by advertifement at the court-houfe door, dif-
pofe of fuch geefe and fwine at public fale, and pay the money arifing therefrom
to the town commiffioners, who fhall allow the bailiff the fum of nine-pence for
every goofe, and one fhilling and three-pence for every hog, for his trouble and
expences as aforefaid, and retain for the benefit of the town the fum of nine-
pence for every goofe, and two fhillings and fix-pence for every hog, and upon
application being made to them, fhall pay the balance to the owner or owners,
and unlefs fuch application be made to the faid commiffioners, or fome one of
them, within one month after fuch fale, or at the next ftated meeting of the
commiffioners, the whole amount of fuch fales fhall be forfeited for the ufe of
the town; and all geefe or fwine, raifed or kept within the faid town, and being
the property of any perfon not an inhabitant thereof, fhall be liable to be for-
feited, in the fame manner, and under fuch circumftances, as they would be un-
der the twenty-firft fection of the act aforefaid, if they were the property of an
inhabitant of the faid town.

Provifo.

IV. Provided always, and be it enacted, That the bailiff fhall not be au-
thorifed, either by virtue of the twenty-firft fection of the act aforefaid, or of
this law, to feize any geefe or fwine going at large in the faid town, until after
the commiffioners fhall have faid off and afcertained the limits of the faid town,
nor unlefs the fame be found going at large in fome of the afcertained and opened
ftreets, lanes or allevs, of the fame.

A private en-
clofure may
be ufed, &c.

V. And be it enacted, That until a common pound be provided by the com-
miffioners, it fhall be lawful for the bailiff to make ufe of fome private enclofure
for the purpofe of fecuring any geefe or fwine found going at large in the faid
town, and in fuch cafe fhall, immediately upon the feizure and fecuring of any
geefe or fwine, advertife the fame at the court-houfe door.

VI. And