The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1888-05-11
The Law of Trespass.

In the Talbot County Circuit Cou5r, so.nc
time ago, Judge Wicks delivered au opinion
in the cnsr 81 Price vs. Oliver. which arose
out ni II lIcspnts Of divers cattle upon
Prices ct cln-urr, umh the dcclslun is mn inn
pOItlnl one Ia The farmers ~ this Stale. us II
virtually cuaCis It stuch INV where That iaw
does not already prevail We give below the
main points oi the dCCisiuu:
The courts h'Id that the common law in
regard h. ;rprpassuG cath, ct". Is III
force nav III Mary 'auh. and that the rule Of
law is that Il person Is only bound To take
cure that his cattle do not wander from
his own land and trespass upon the land Of
others that It fence is for the purpose OF
keeping your own stock Il! home, and not 10
keep others stock uti and if any one is dam
aged by unolher's stock irespassiug on his
his land, whether fenced in or not, whether
cleared land, woodland or marsh land. lie can
recover damages from the owner of the stock
So trespassing.
Tie court also held TINT under HE statute
law Of Maryland (trlicc g., lille "E4irnys and
Trespassng Cattle, person had three rem
cdies for trcspassing on his enclosure, hors's,
sheep, hogs or any domestic animals.
u. H. would take mp the animals, mud
II reasonable time thereafter, 90 before II jus
tice Of the peace and mnke affidavit that lie
took up the animal rs nn ray, and publish
said affidavit and Justices certificate, elC--
II he complies with the law, he can recover
all expenses incurred by the person taking
up the estray and keeping it, including the
costs of advertising. II any one avails him.
sell OF this remedy he cannot recover damages
for the injury done.
so. Any person aggricvcd 10y the Irrspnss
upon his enclosure ofany Catilc may impOund
the same and have the damage sustained by
the trcspass appraised by two disnterested
persons and unless the damage and reason
able compensation for feeding tn property
impoundcd are paid, may, nj the expiration
of ten days, sell the same ut public auction,
by giving the notice required by the statute.
This rene iy seems to apply where the owner
of the cattle is not known.
"3. If any cattle, &C., trcspassng On the
enclosures OF any person be dstrained doing
damage, the owner OF " hiCh is known, if the
Owner do not tender compensation for the
damage within the live days after such dis
tress and notice given 10 HIM, then the party
taking up such cattle, etc, may, 10y 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 trpSpuss
ANY man, aggrcvci by the Ircspass on
his property of any cattle, nurscs, hogs, etc,
has tour complete remedies (onco: common
law and three 10y the statute laws OF the Stale,)
and if he chooses 10 take Nil his fences down
he can recover damages for any trcspass on
his land, and can rmpOun1, keep, and if ne
cessary sell the animals 10 ply for ttc trcspnss
and damage.
ANY cattle, horses, hogs, etc, can he taken
up aud impOunde', 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"