472 Assembly Proceedings, May 10-June 9, 1692.

Lib. L. L.
No. 1.

ince, or for the doing of any other thing in any the Courts of
Record within this Province for any matter or thing upon any
suite or suits in Criminall Cases, but Sherriffs are hereby
enjoyned to Execute the same Ex Officio, And every Sherriff
offending herein shall forfeit the sum of one thousand pounds
of Tobacco for every Offence, one half to their Majesties for
the repair of that County Prison wherein they bear Office, and
the other half to the Party grieved to be recovered by Action
of debt bill plaint or Information wherein no Essoyn Protec-
tion or wager of Law to be allowed. This to endure for three
years or to the end of the next Sessions of Assembly which
shall first happen.
June 2^d 1692 June the 2^d 1692
Assented to by the Councill Board, The house of Assembly
Signed p Order have assented.
John Llewellin Clk Signed p Ord
Hen: Denton Clk.

p. 82

An Act concerning the height
of Fences.

Whereas divers people within this Province have and do
make insufficient Fences about their Cornfields whereby cattle
and horses are apt to go in and destroy their said Corn for
prevention of which for the future Be it Enacted by the King
and Queens most Excellent Majesties by and with the advice
and Consent of this present Generall Assembly and the
Authority of the same That all Fences for Corn fields within
this Province shall be five Foot in height round the Field
suffic^t and strongly made in the Judgement of two indifferent
men viewing the same in Case of Trespass, and in Case any
horse or horses or other cattle shall happen to leap over such
Fences as aforesaid or break it down being sufficient and
strongly made as aforesaid, That then the owner of such
horse or horses or other Cattle, shall be lyable to pay the
Trespass, and in case the said horse or horses or other Cattle
shall break into the Corn field a second time the owner hav^g
had warning of the first before two Witnesses That then it
shall and may be Lawfull for the owner of such Corn field by
the testimony of two men to take the said horse or horses into
some place where they may be secured untill the Owners
thereof lay claym to the same and when so claimed by owners

p. 83

of such horse or horses That it shall be Lawfull for the next
Justice of Peace to award what damage he shall think fitt to
the Complainant upon good proof to him made, and in case
the said fences be not so high That then the Owner or