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1888, art. 34, sec. 5. 1860, art. 36, sec. 6. 1769, ch. 18, sec. 3.

1892, ch. 593.

5. If any person shall take up an estray and shall fail to comply with the provisions of the preceding sections he shall forfeit and pay ten dollars as well as his interest in said estray.

Ibid. sec. 6. 1860, art. 36, sec. 7. 1832, ch. 157, sec. 1. 1874, ch. 315. 1892, ch. 593.

6. If the owner or occupant of any enclosure who may find any horse, sheep, hog, cow or other domestic animal trespassing upon the said enclosed premises, the owner of which is known, he may impound the same and have the damages valued on oath by two disinterested citizens of the county, and after so doing shall give notice to the owner thereof of his having impounded the same and the amount of damages ascertained, and unless the said damages and a reasonable compensation for feeding the property impounded are paid or tendered him, may after giving ten days' notice, exclusive of the days of sale and the day of impounding, describing the property and stating the time and place of sale to be posted at three or more public places in the neghborhood, sell the same at public auction to the highest bidder for cash, and after deducting from the proceeds of sale the amount of damages valued to him and a reasonable compensation for keeping the said property while impounded, he shall pay over the residue when demanded to the owner thereof.

1890, ch. 252. 1892, ch. 593, sec. 8 A.

7. The word enclosure in the preceding section shall be construed to mean a common law enclosure and not an actual enclosure.

1888, art. 34, sec. 6. 1870, ch. 403. 1892, ch. 593.

8. Dorchester, Caroline, Garrett, Montgomery and Prince George's counties are hereby excluded from the operation of the preceding sections.*

Vessels Adrift.

Ibid. sec. 9. 1860, art. 36, sec. 9. 1753, ch. 10, sec. 2.

9. When any person shall discover, take up and secure any flat boat or other vessel driven from any place of mooring, landing, harbor or river, or from any other vessel, he shall, within ten days thereafter, give notice thereof to some justice

Also all other counties for which a special inconsistent local law exists.

of the peace for the county where such flat boat or other vessel is taken up and secured, and the justice shall deliver to the party giving such notice an advertisement describing in the best manner the build and marks of such flat boat or vessel and the name of such person and place of his abode, copies of which advertisement the said party shall, within ten days after the date thereof, cause to be set up in the most public places of the county, and within thirty days after such date procure the same to be inserted in some daily newspaper published in the city of Baltimore.

1888, art. 34, sec. 10. 1860, art. 36, sec. 10. 1753, ch. 10, sec. 2.

10. Upon proof of property by the oath of the owner of such flat boat or other vessel, or otherwise, before a justice of the peace, and upon payment of reasonable costs and charges for the same, the person so taking up and securing the same shall deliver the said flat boat or other vessel to the owner thereof.

Ibid. sec. 11. 1860, art. 36, sec. 11. 1753, ch. 10, sec. 3.

11. If any person shall take and secure any flat boat or other vessel driven from any place of mooring, landing or harbor, or from any other vessel, and shall fail to comply with the provisions of the two preceding sections, he shall forfeit to the owner thereof the sum of ten dollars, to be recovered as small debts before a justice of the peace of the county where the party charged may reside.

Drift Logs.

Ibid. sec. 12. 1870, ch. 229, sec. 1.

12. All persons claiming logs cast by wind and tide upon any shore bordering upon the Chesapeake bay and its tributaries are prohibited from removing the same without the payment to the owner of said shore of the sum of twenty-five cents for each log so removed.

Ibid. sec. 13. 1870, ch. 229, sec. 2.

13. The owner of any shore upon which logs are so cast may advertise such logs by one insertion each week for thre successive weeks in some newspaper published in the State. of Maryland of a public notice calling upon the owner of said logs to remove them, after the payment of twenty-five cents for each log so removed and the cost of said advertisement in addition thereto.

1888, art. 34, sec. 14. 1870, ch. 229, sec. 3.

14. If the said logs are not removed after such publication, the owner of any shore may sell such logs to the highest bidder by giving notice of his intention so to do by an additional advertisement for three successive weeks, as aforesaid, mentioning the time and place of sale.

Ibid. sec. 15. 1870, ch. 229, sec. 4.

15. Any owner of a shore so selling shall be responsible for the excess of such sale over the sum of twenty-five cents for each log sold and the cost of the aforesaid advertisements and sale.

Ibid. sec. 16. 1870, ch. 229, sec. 5.

16. Nothing contained in the four preceding sections shall be construed to deny to the owner of any shore a right to an additional compensation for special damages, such as the destruction of fences, the lodging of logs upon cultivated fields, or other similar injuries.

Ibid. sec. 17. 1870, ch. 229, sec. 6.

17. Any person removing logs from a shore without complying with the provisions of the five preceding sections shall be fined not less than fifty nor more than one hundred dollars, one-half of which shall be paid to the informer; provided, such removal shall be effected before said logs have been advertised according to section 13.

Ibid. sec. 18. 1870, ch. 229, sec. 7.

18. Any person so removing said logs after they have been advertised for sale as aforesaid shall be deemed guilty of a misdemeanor and shall be fined in a sum not less than fifty nor more than one hundred dollars, or be imprisoned in the jail of the county in which said misdemeanor may be committed for a term not less than three nor more than twelve months, or be both fined and imprisoned in the discretion of the court before which such misdemeanor may be tried.

Ibid. sec. 19. 1872, ch. 258, sec. 1.

19. Any owner or claimant of logs cast by wind and tide upon the land or shore of the Chesapeake bay or its tributaries, or any person or persons for him or them who shall wilfully mark, stamp, imprint or indent any log or logs lying and being upon any of the land or shore contiguous to and lying upon the bay or its tributaries, shall forfeit and pay, upon conviction

thereof, not less than one hundred nor more than one thousand dollars, or be imprisoned in the county jail of the county wherein he may be convicted for a term not less than four months nor more than two years, or be both fined and imprisoned in the discretion of the court; twenty-five per cent. of the fine to go to the informer and the remainder to the public school fund of the county wherein the offense was committed, after the expenses of the trial have been paid.

1888, art. 34, sec. 20. 1872, ch. 258, sec. 2.

20. Any judgment against any land owner or his tenants, for logs drifted and cast by wind and tide upon the land or shore of the Chesapeake bay or its tributaries shall be null and void and of no effect whatever, unless the owner or claimants of logs shall have actually paid to the land owner or his tenant not less than twenty-five cents for each and every log claimed by him, the said owner.

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Commissions to take Testimony

out of this State.

16. Commissions; issue of; testimony under.

17. Depositions upon notice to other party.

18. Testimony of non-resident parties to be taken in the same way as other non-resident witnesses.

Commissions to take Testimony in this State.

19. Standing commissioners; rules for taking depositions.

20. Oath of commissioner. 21. Depositions before them; when to be evidence.

22. Return of deposition.

23. Subject to exception; objections. 24. Ten days' notice; deposition

de bene esse.

25. When minor interested, court to appoint guardian.

26. Absence of adverse party. 27. Depositions under last three sections; form; when used; exceptions.

28. Commissioners' fees.

29. Notice where witness sick or about to leave the State.

30. Notice where adverse party attends the taking.

31. Who may take depositions, and where.

Commissions to Perpetuate
Boundaries.

32. How and to whom granted; how executed.

33. Notice of meeting of commissioners.

34. Defects of form.

35. Compensation of commissioners.

Commissions to take Evidence

from Other States.

36. Attachment to compel attendance of witness.

37. Compensation of witness.

Evidence of Consideration.

38. Promise to be answerable for debt, default or miscarriage of another person need not be in writing.

Typewriting.

39. Typewriting to have same legal effect as writing.

Proof of Foreign Debts and
Other Instruments.

40. Exemplification of records.
41. Foreign sentence, judgment or
decree of court.

42. Proof of instrument required to be recorded.

43. Copy of record of any corporation of a foreign country where the same may be incorporated shall be sufficient evidence.

44. Proof of instrument not required to be recorded.

45. Proof where no subscribing witness, or if subscribing witness be dead.

46. Oath to be taken by plaintiff. 47. Not to affect conveyance of real estate and estates of decedents.

Proof of Accounts.

48. Proof of debt by oath of disinterested witness.

49. Proof by oath of creditor. 50. Affidavit by joint-plaintiff or agent, partner or corporate officer.

51. Common-law evidence and procedure not precluded.

Public Statutes, Office Copies and Official Certificates.

52. Evidence of private laws.

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