The Republican. [volume] (Oakland, Md.) 1877-current, 1881-01-01

road is established is alone entitled
to the privilege of cropping the grass
thereon, and consequently any one
permitting his stock to run at large
for this purpose is a trespasssr.. 1t is
high time that this evil should be
correoted; and we copy the following
decision of one of our county courts
to aid in an effort to abate this se>
rious nuisance. ......,
Judge Wickes. in the Talbot coun-
ty court. delivered the opinion of the
Court in the case of Price IS. Oliver,
which arose out Of a trespass of Oil
ver's cattle upon Prices enclosure,
and the decision is an important one
to farmers in this State, as it virtu-
ally enacts stock law where that
law does not already prevail. We
give below the main points of the
decision as reported by the Talbot
papers.
The Court held that the common
law in regard TO trespassing cattle,
ETC., is in force now in Maryland.
and that the rule of law is that a
person is only bound to take care
that his cattle do not wander from
his own land and treSpass upon the
land of others; that Il fence is for the
purpose of Keeping your own stock
at home, and not to keep others
stock off; and if any one is damaged
by another's stock re>passing on his
land. whether fenced in or not,
whether wood land or niarsh land,
he can recover damages from the
owner of the stock se trespassing.
The Court also held that under the
statute law of Maryland (article 81,
title Estrays and Trespassing Cat.
tle'o, a person had three remedies
for the trespassing Oil his enclosure
by any cattle. horses, sheep, hogs or
any domestic animals.
l. He could take up the animals,
and within reasonable time there
after 20 efore a justice of the peace
and make affidavit that he took up
the animal as an e.tray. and publish
ed said affidavit and Justices certi-
iicate, etc. III he complies with the
law, he can recover all expenses
incurred by the person taking up the
estray and keeping it, including the
cost of advertising. If any one avails
himself of this remedy, he cannot
recover damages for the injury done.
2. Any person aggrievsd ty the
tresspass upon his enclosure of any
cattle may impeund the same and
have the damage sustained by the
lrespass appraised by two disinterest-
ed persons ; and unless the damage
and reasonable compensation for
feeding the property impounded are
paid, may, at the expiration of ten
days, sell the same at public auction,
by giving the notice required by the
statute. This remedy seems to apply
where the owner of the cattle is not
known. 'A "'f
8. If any cattle, &C., traspassing on
the enclosures of any person be dis
trained doing damage, the owner of
which is known, if the owner do moi
tender compensation for the damage
within FIVE days after such distress
and notice given to him, then the
party. taking up such cattle, etc.,
may, by complying with the statute,
have the property sold. and retain
enough to pay him for the damages
he. has sustained. and all charges
arising from such trsspass. 3, I'll.
Any man aggrieved blythe trespass
on his property Of any cattle. horses.
hogs, etc., has four complete reme-
dies lone at comm@n law and three
by the statute laws of this State),
and if he chooses to take all his fences
down he can recover damages tor
any trespass on his land, and can i'm.
pound, keep, and if necessary sell,
theanimal to pay for its trespass and
damage. ~ 9a
Any cattle, horses, hogs, etc., can
be taken up and impeundsd, when
found trespassing on the highways
and public roads, by the owners OIL
the property adjoining such roads, as
the heritage, grass, etc., belongs to
the owner of the adjoining property,
and the public only haye an easement
in the said roads.
VENDORS PREDICTIONS FOR
JANUARY.-Mr. Vennor, the Cana
dian weather prophet, having come