The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1867-02-02
IurOmAsr DrusOsu..-.on THURSDAY lasl, Judge

IMPORTANT Decisions. ---On Thursday lAsi, Judge
Emory, Of our Circuit Court, delivered two very
| important written decisions. The first was that
| ~ Hiss VI. Amos. The history Of the ease "
briefly rs follows \ hog belonging TO Amos
got in Hiss corn-fcld Hiss took the hog and
dcslrained upon II for damage .Jodsam. Amos
applied for tho hog aud offered 10 pay Hiss So,
provided he would let him have the corn said to
have been damaged by the hog this PROPOSE
ton was declined. Amos then offered to give
Hiss ear for ear for corn destroyed this was de-
clincd Amos then offered 10 leave the matter
TO arbiirators, but this offer was declined also.
/ Proceedings were Ncn commenced before a jus
iice OF tho peace, aud the hog awarded To Amos
/ and by appeal reached this court. The case was
carefully considered, aud Judgment reversed
Amos to pay tho costs below, and Judgment for
appellant Hiss for ~, each party 10 pay their
costs in this Court. In giving thtS Judgment the
Court delivered the following opinion
Mss IS. .iPpeais.-1n this ease the
proof raises the following points, which de-
| scribe ~ follows:
Lot. That although there are no reported Ma.
| ryland cases where the common law IN regard
| a. distress damage fcasdHf which authorizes the
| taking Of cattle IN the act Of irespassing, aud
the impounding "i the same until payment 81
tender " damages. Is recognized. aud although
there are NO pTcccdcnts for avowrics oi this Mind
in Harris Entries or Evans Harris, aud u" re-
ference Ia such preceding in Evans Practice
| can see No reason why II should not be ia fore,
IN this State. The Code refers only {" cs,ray'
where the owner i not known aud I" the cas'
where the owner resides cut of the state.
"a. That ne 0rHer q stool - rcf"irci ~ toI
II wifhia his ora Enclosures.
3d. Where the owner 81 otcupicr of land g.
bound by contract. express ~ implied I" keel
IN repair division fence. tor any oihcrl 90 q
part thereof. aud in consequence oi his neglect
todosu hi ncighbur.' stock trc~passcs upon hin
hc has NJ right e. distress daH,dgr fsr,raf.
| tih. That the owner Is entitled 10 hi- cattl'
ga making sufficient payment 81 tender 4"
damage. and can Nai .,ttain tcplcvn f'
| thc same.
5th. That the damage are confined {" tn
trrspas. during which the distrcs. damagf IN
'aHf Is made andhy the particular cattle iakci
ul aud imi,uunicd. The distress docs not TX
tend {" trrsl'a-- hy the samc catil" at ANY othc
time. nr IT, damage done by ether cattle 1T th'
same owner at that time.
9TH. That thu tender b. not ia, iu debit au,
like ca-c.l required To- be- tr, ur continuin.
tender. that the money rendered must b.
brought into Court IL make u available th'
"uly question IN this ease being a. tu the plain
tif right 81 possession at ia" time when III,
rcplcViu was issued
Eth. The judgment may De- either "a cummot
law for "a return of the property and one cen
| damage. aud cost.. ~ hy statute Il X. llvur,
VIII. ell. ~. Sc .. for dana ses aud costs. a
well ior a return # thu property, or Tor l'ih
ages and cost. only when the property has I"r
-hcd and "a return Of il /. impo.,il,,c
pcc. 80. l>cs. u. 4. II. Ev"u,.
Tho .,.uud ease sufficiently explain, ii,,if
70. Hc n.o'ta.gf n, itt'1s of N,rrt ,..'..
| 10 ~ 'raaf Court f.r Nf'tmaIc f7rHf.. Th
object cf the petitioner. ~ this ease. to "itli
'lr custody 20 h,f ,hll ~lAdrlrh. who wa
bound by the Orphans court. Negro ~
prentice. Z" ihraham '"l". o' the "'h day "
November. l>ti.
o. appears from the evidence that Shadracl
had been the slave vt tulc. and Wa. ntl" 'r,
~ the Constitution If this stat, Wh,,h wa
adopted % 1904 that immediately previous q
'hc ssd nh dav ct November. 1851. tie -ai'
'"i. mad" iupuifi". "a the rcichlvrhr"i Wh'r
tAc mother had formerly resided AMI 90 iho.
likely To- know hui could not ascertain Whrr
.ho lived. or whether she was alive. liz W.
informed that she had not been lcar.i ir.'u 20
! ultr, tlIu seven Vrar.
.i further spl,ar-. L.W,,,i. that %, wa
alive. ati lived h, Within -.Ncn mil'- % Tow
-'fiewu Aud within ten m4ir. 90 'e.c. au ! tho
%, had been LIVING 1 that place Cos tcu years
| y Me- 81. wn that IL, WAS all" and IS lliIls @
tase so,'i ,t.,o! h"r -aii child aUi PROV lie &,
h.- SUPPORT. II Wa- als' proved that Sd. ha.
...sI :. lais ah-,L' from hey child that 10, a.
u"' recognize lima IS hen ia" saw h.m.
4.r. ilr-tiHu submitted Cor ugN i4. .,-.t...I
whether I'll. mother .'ut t,,i o.. hlN. 'm
rI-tsiy 90 her child
10. orphans C.1r, &C. ...rt % ..,.a..f .u,
limited lur..iicuou 4: Nj Err. l5N 0
must appear silirns'.v'iy. "u 'Ao face 20 ih
preceding. that tue requirement. of tho ~iA
tIt" c"uierrius JUr.sii eil.u have been .uh-fii.
'Aily complied with. II Nj Rep. H. d"
Nj. Rep as By the SLIT section IT l~'.. u
OF ;ho Cd" I'd Publ General Laws. o.. r-
rAat- Court. 90 ID. STATE ar, agtArs;..i @
bind .f'. t. aiPr.ni.cr.. 81" children ,. IT,
uegr,e. when b -h,ll alr'rar that ii $50. II o.
better for "a. hal p aut reiHi ~. - sail .'Hi
irtu. a.. By The SEA section of the Sam. artt
Gle the court !, required to summon the parct
: parent. - said ohlircn e. ho lreseu, 81 3D.
hiDiin.. AMI Il tie parent "r pAr"ni- hlv' th.
meats. aud are willing a. support the children
then the Court shall ;.o; bud out such children
The nicuiarc "t apprenticeship docs up
how oH - face that the mother. this petition
~. Hls present ~ the binding 70 does iut hos
tAa; -Ac Wa summoned. - that any summon
wa. .suei hy The Court. 4 doe. uut app,a
from the records ~ minute. % the Court thu
any summon. wa. issued. 6n ID" contrary
.4ch .Ifuiuuns j. NOT :" De ;ugul iu iAv lgudl
9 r1l"r. FOO ID" office %, ;he Register 81 WIl
% Baltimore county, ia which O.; would Lty,
been. II luminous had been issued. Il du.s a.
i''~ag 'ha' the mother bad not %" means. o
vs- l.H' wf.lng o. support fh" rhi.i. ail fh'
r--f -l'w that she had tic u"tt.- -.ll t. SID
ida. 60 p-.,i.e tor him.
M.ilu.' aivertihg Ia Other requirement.. b
tt~ -aii article 4 the Cud. aui a.cd4nc wi.'h
~ ii.sy hal been .Ih.tant,aily compiled " d.
j. .uili l.nt ir ihis that the SD Sect iof
be. .of h". complied with
The petit. .'n"r b. entitled tu tie, custody "fhe,
rhiii Shairach Her. aud Will sign .u ,rIei
directing him 20 he icliv.rcd 90 her.
ne. II Euos,.
January .l-,. 10.
ts Isrrns-rlS. Drci-Ios We 'aae the follow.