The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1886-05-08

Trespass Law in Maryland.-From the
Cecil Democrat of last week we copy the following,
which must prove of interest to farmers and land
owners generally "One of the most troublesome
annoyances and drawbacks to good neighborhoods
is the practice of some farmers in permitting their
i-st,4e 70 run at large upon the public roads, the
UbJecC being, geuviaIiJ, s---Lis tLs.A 60 crop
the grass growing upon the sides of the roads. Ii
this was the only cause of complaint in such
cases, forbearance would be justifable; but the
greater evil is found in the fact that if gate is
left open, whole herd of cattle is found trespass
ing upon neighbours field or garden, frequently
endangering the loss of an entire crop, when not
discovered in time to drive them out.
"The owner of the land along which a 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 trespasser. 1t is high time that this
evil should be corrected; and we copy the follow
ing decision of one of our county courts to aid in
an effort to abate this serious nuisance.
"Judge Wickes, in the Talbot County Court,
delivered the opinion of the Court in the case Of
Price Us. Oliver which arose out of a trespass of
divers cattle upon Prices enclosure, and the de-
cision is an important to farmers in this
State, as it virtually 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 in Mary
land, and that the rule of law is that 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 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 trespassing on his land, whether
fenced in or not, whether cleared land, wood land
| or marsh land, he can recover damages from the
| owner Of the stock so trespassing.
81, hol1 oka ktrfa In
of Maryland (article 81, title "Estrays and Tres
passing Cattle, person had three remedies for
the trespassing on his enclosure by any cattle,
| horses, sheep, hogs or any domestic animals.
| ~. He could take up the animals, and within
reasonable time thereafter go before justice of
the peace and make affidavit that he took up the
animal as an estray, and publish said affidavit
and Justices certificate, etc. If 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 aggrieved by the trespass upon
his enclosure Of any cattle may impound the same
| and have the damage sustained by the trespass
| appraised by two disnterested persons; and un-
| less 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.
"3. If any cattle, &C., trespassing on the en-
closures of any person be dstrained doing dam
age, the owner of which is known, if the owner
do not tender compensation for the damage with
in 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 trespass.
"Any man aggrieved by the trespass on his
property of any cattle, horses hogs etc., has four
complete remedies Zone at common law and three
by the statute laws of this State and if he choose
to take all his fences down he can recover damages
for any trespass on his land, and can impound,
keep, and if necessary sell, the animal to pay for
its trespass and damage.
"Any cattle, horses, hogs, ETC., can be taken up
| and impounded, when found trespassing on the
highways and public roads, by the owners of the
property adjoining such roads, as the heritage,
grass, etc., belongs to the owner of the adjoining
property, and the public only have an easement
| in the said roads,"