tioned in the preceding section, and those mentioned in the next succeeding section, which latter are made parts of the fifth congressional district of this State, and said fourth congressional district, as in this section designated, shall be entitled to choose one representative in the house of representatives. P. G. L., (1860,) art. 35, sec. 84. 1853, ch. 280, sec. 1. 1852, ch. 228. 1872, ch. 418. 1882, ch. 308. 125. The fifth congressional district of this State, shall be composed of St. Mary's county, Charles county, Calvert county, Prince George's county, Anne Arundel county, including the city of Annapolis, Howard county, the first and thirteenth election districts of Baltimore county, and of the one hundred and fourth, one hundred and fifth, one hundred and ninth, one hundred and tenth, one hundred and eleventh, one hundred and twelfth, one hundred and thirteenth, one hundred and fifteenth, one hundred and sixteenth, one hundred and seventeenth, one hundred and eighteenth, one hundred and nineteenth, and the one hundred and twentieth election precincts of the city of Baltimore, as the same were laid out and designated by the Board of police commissioners for the city of Baltimore, under and by virtue of an act of assembly, passed at January session, eighteen hundred and eighty-two, and shall be entitled to choose one representative in the house of representatives. Ibid. sec. 85. Ibid. 126. The sixth congressional district shall be composed of Allegany county, Garrett county, Washington county, Frederick county and Montgomery county, and shall be entitled to choose one representative in the house of representatives. Ibid. sec. 86. 1853, ch. 280. 1862, ch. 228. 1882, ch. 308. 127. The return judges of the election districts of Baltimore county, forming a part of the second congressional district, shall make a return separate from that to be made by the return judges of the remaining districts of said county. And the return judges of the election precincts of Baltimore city, composing the third congressional district, shall make a return separate from that to be made by the return judges of the election precincts in said city, composing the fourth congressional district, and the election precincts in said city constituting a part of the fifth congressional district. And separate returns shall in like manner be made by the return judges, respectively, of the election precincts in said city, composing the fourth congressional district, and the precincts in said city constituting a part of the fifth congressional district. ARTICLE XXXIV. ESTRAYS-VESSELS ADRIFT-DRIFT LOGS. Estrays. 10. Proof of title and recovery. Drift Logs. 1. What are; advertisement; Dor- 11. Penalty. chester excepted. 2. Publication; when it may be 12. Payment to owner of shore where omitted. 3. Proof of ownership, and recovery. 6. Cattle trespassing; assessment of 7. Publication. 8. Where owner is known; notice and sale. Vessels Adrift. 9. Notice and publication. cast. 13. Advertisement by owner of shore. 14. If unclaimed. 15. Responsibility for proceeds of sale. 16. Compensation for special damages. 17. Removal before advertisement; penalty. 18. Removal after advertisement; penalty. 19. Marking by claimant; penalty.. 20. Judgment for drift logs. Estrays. P. G. L., (1860,) art. 36, sec. 2. 1876, ch. 308. 1882, ch. 162. 1. The owner or occupant of any enclosure who may find any horse, cow, sheep, hog or other domestic beast trespassing on the said enclosed property, may deem the same an estray, and shall immediately, or within a reasonable time thereafter, cause to be inserted in some newspaper published in the county where such estray shall have been taken up, once a week for two successive weeks, a notice of such estray, with a description of the same, and the location of the enclosure on which said estray was taken up, and the name of the owner or occupant thereof, and shall cause written or printed copies of such notice to be set up in not less than three of the public places in the neighborhood. This section not to apply to Dorchester county, as to which a different provision is made by the local laws of that county. P. G. L., (1860,) art. 36, sec. 3. 1882, ch. 162. 2. If there be no newspaper published in the county where said estray shall have been taken up, or if the value of said estray shall not exceed ten dollars, the newspaper publication provided for in the foregoing section may be omitted; provided, that written or printed notices be set up as required by section 1, and that the valuation of any estray be ascertained by due care, and in good faith, by the person who shall have taken up the same. Ibid. sec. 4. 1769, ch. 18, sec. 2. 3. If the owner of an estray demands it, and shall prove, by one credible witness examined before a justice of the peace of the county, his title thereto, the same shall be delivered to him on his paying the expenses incurred by the person taking up such estray and keeping the same, including the cost of advertising. Ibid. sec. 5. 1769, ch. 18, sec. 2. 4. If no person claims an estray within three months after the same shall have been advertised as aforesaid, then the person taking up the same shall apply to a justice of the peace of the county, who, upon being satisfied that the notices herein before directed have been given, shall order him to sell the same at public sale on ten days' notice, to be set up at three of the most public places of the neighborhood; and after deducting from the proceeds of sale all expenses incident to taking up, keeping, advertising and selling such estray, the residue shall be retained by the person selling the same, unless the owner of such estray shall, within twelve months from the time of sale, claim such residue, and prove before some justice of the peace that he is entitled thereto. Ibid. sec. 6. 1769, ch. 18, sec. 3. 5. If any person shall take up an estray of the value of ten dollars, and shall fail to comply with the provisions of the pre ceding sections, he shall forfeit and pay ten dollars, and also forfeit his interest in such estray to anyone who will sue for the same. P. G. L., (1860,) art. 36, sec. 7. 1832, ch. 157, sec. 1. 1874, ch. 315. 6. Any person aggrieved by the trespass upon his enclosure, of any cattle, hog, goat or sheep, may impound the same, and have the damages sustained by the trespass, valued on oath by two disinterested citizens of the county; and unless the damages and a reasonable compensation for feeding the property impounded are paid or tendered to him, may, at the expiration of ten days, (exclusive of the day he impounded the same and the day of sale,) proceed to make sale thereof at public auction to the highest bidder for cash; and after deducting from the proceeds of such 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 of the said property or his agent. This article shall not apply to Caroline, Wicomico, Garrett, Montgomery and Prince George's counties. Ibid. sec. 8. 1832, ch. 157, sec. 2. 7. The person impounding, before making such sale, shall advertise not less than eight days before the sale, at three of the most public places of his neighborhood, a description of the property impounded, and the time and place of sale and shall therein warn the owner to come forward and pay the damages and compensation for keeping the same, and take his property. 1870, ch. 403. 8. If any cattle, hogs, horses or sheep, trespassing upon the enclosures of any person in this State, be distrained, damage feasant, the owner of which is known, and the owner thereof does not tender compensation for the damage sustained by such person within five days next after such distress taken, and notice thereof given, with the cause of taking, to the owner or his agent, or left at his residence, in the event of his absence, and having no known agent, then the person so distraining may apply to a justice of the peace of the county, who, upon being satisfied that the notice herein before directed has been given, shall order him to sell the same at public sale on ten days' notice, to be set up at three of the most public places in the neighborhood, and if the said justice shall deem it proper, to be inserted in any newspaper published in such county; and such distrainer, upon such order, with the sheriff or constable of the county, shall cause the animals distrained to be appraised by two appraisers, to be sworn by such sheriff or constable, and may sell the same for the best price that can be gotten, towards satisfaction of all charges arising from such distress, appraisement and sale, and also such damages as may have been sustained by such distrainer, to be ascertained by the appraisers of the animals distrained at the time of the appraisement thereof, leaving the overplus, if any, in the hands of the sheriff or constable, for the owner's use. Vessels Adrift. P. G. L., (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 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. Ibid. 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. 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 |
