The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1888-01-07
Ghe Sarmer.
THE LAW OF TREsPAss.

In the Talbot county circuit court, re-
Gently, Judge Wickes delivered an opinion
in the case of Price VS.. Oliver, which arose
out of a trespass of divers cattle upon
Prices enclosure, and the decision is an
important one to the 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
The courts held that the common law in
regard to trespassing cattle, &C., is in force
now in Maryland, 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
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, woodland or marsh land, he can re-
cover damages from the owner of the stock
so trespassing.
The court also held that under the statute
law of Maryland, article G7, title "Estrays
and Trespassing Cattle, - person had three
remedies for the trespassing on his enclosure
of horses, sheep, hogs, or any domestic an
finals.
~. He would take up the animals, and
a reasonable time thereafter go before a
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, in
Guiding 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 tres
pass upon his enclosure of any cattle may
impound the same and have the damage
sustained by the trespass appraised by two
disinterested 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.
"3. If any cattle, &C., trespassing on the
enclosures of any person be distrained doing
damage, the owner of which is known, if
the owner do not tender compensation .fdP
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 prop
erty 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 Gone 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 tres
pass on his land, and can impound, keep,
and if necessary sell, the animal to pay for
the trespass and damage.
"Any cattle, horses, hogs, &C., can be
taken up and impounded, when found tres
passing on the highways and public roads,
by the owners of the property adjoining
such roads, as the heritage, grass, &C., be-
longs to the owner of the adjoining prop
erty, and the public only have an assess
ment in the said roads