78

. LAWS OF MARYLAND.

examine into the state and condition of the enclo-
sure of the land upon which the said trespass or
damages shall he alleged to have been done or
committed; and if the said enclosures shall not
be good and sufficient according to the true intent
and meaning of this Act, he or they shall not
make out any award or assess any damages what-
ever.

Trespass.

Sec. 6. And be it enacted, That in all cases of
action of trespass, quare clausam fregit, or legal
process of any kind hereafter to be sued out or
commenced, to recover damages for trespass upon
lands in said districts of said county by any kind
or description of live stock, the defendant or de-
fendants may plead the general issue and give the
special matter fn evidence under this Act, and the

Costs.

plaintiff or plaintiffs in each and every suit shall be
non-suited and mulcted in costs, whenever it shall
be clearly proven, by legal and competent testi-
mony, that the lands whereon the said trespass
shall be alleged to have been done or committed
was not enclosed according to the provisions of
this Act,

To take effect.

Sec. 7. And be it further enacted, That this Act
shall take effect on the first day of June, eighteen
hundred and seventy.

Approved March 2, 1870.

CHAPTER 65.

AN ACT to incorporate Mount Hope Retreat, in
Baltimore County.

WHEREAS, an institution wherein persons labor-
ing under mental or bodily infirmity may be
properly attended to, benefitted or cured, is of im-
portance to the public; therefore,

Incorporates

SECTION 1. Be it enacted by the General Assembly
of Maryland, That Catharine Mullen, Veronica
Wheeler, Serena Kimm, Mary Frances Mattingly,
Fidelis Manning and their associates, be and they
are hereby created and constituted a body corpo-
rate and politic, with succession, by the name,