Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1888-01-19


The Law OF TREsPAss--Tn the
TALBOT county circuit court. recently, /
Judge Wickes delivered an opinion
IN the case Of Price vs.. Oliver, which
arose ont Of a trespass Of divers cat
tie upon Prices enclosure, and the /
decision j. an Important one 10 the !
farmers in this Safe, AZ it virtually !
snacls a stock law where that law
does not already prevail. We give
below the main points Of the decision:
The courts held that he common
law in regard to trespassiug cattle,
&c, is ia force now in Maryland, and
that the rule OF law is that person is
only bound to take care that his cat
tie DO not wander from his own land
and trespass upon the land Of others;
that a fence is for the purpose Of
keeping your own stock at home, and
not to keep other 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, ne can recover
damages from the owner of the stock
so trespassing.
The court also held that under the
statue law of Maryland, article 67,
title "Estrays and Trespassing Cattle"
a person had three remedies for the
trespassing on his enclosure of horses,
sheep, hogs, or any domestic animals.
Il. He would take up the animals,
and reasonable time thereafter 90
before justice of the peace and make
affidavit that he took up the animal
as an estray, and publish said affidavit
and Justices certificate, &c. 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. II
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 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
statue. This remedy seems to apply
where the owner Of the cattle is not
known.
as. If any cattle, &C., trespassing
on the enclosures of any persen be
disIrained doing damage, the owner
Of which is known, if the owner DO
not tender compensation for the
damage within the 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 10 pay him for the
damages ne has sustained and all
charges arising from such tresPass.
ANY man aggrieved by the tres
pass 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, ad can impound
keep, and if necessary sell, the ami
NAL to pay for the trespass and
damage.
ANY cattle, horses, hogs, &C.. can
be taken N aud impounded, when
found trespassing on the highways
anu public roads, by the owners of
the property adjoining such roals, as
tie heritage, grass, &c., belongs to the
owner Of the adjoining property, and
the public only have an assessment
in the said roads"