Assembly Proceedings, June 29-July 22, 1699. 477

aforesaid by and with the Advice and Consent aforesaid That
the sev^rall and respective Overseers within their Severall &
respective Precincts Do Sett up Posts so many as may be
perceived from one to the other which Posts shall be Marked
& noched according to the Place they lead to as before in
this Act for the Marking and Notching of Roads have been
appointed & that the Posts of all Gates through w^ch any such
Roads shall lead as aforesaid be Marked and Notched as
aforesaid under the Penalty aforesaid any thing in this Act to
the Contrary Notwithstanding

Lib. L. L.

An Act Concerning the Height of Fences and to punish
Burners thereof and also to restreine the Multiplicity of
horses and Mares &c.

Whereas Diverse people within this Province have and do
make insufficient fences about theire Corn fields whereby
Cattle & horses are apt to gett in and Destroy the Corne
there planted for prevention whereof for the future this present
Generall Assembly do humbly pray that it may be Enacted
And be it Enacted by the Kings most Excellent Ma^ty by and
with the Advice and Consent of this present Generall Assem-
bly and the Authority of the Same That all fences w^ch are
Intended or Designed to inclose Corn Ground or preserve
Corne there Planted shall be att the least five foot high quite
Round the field well and Sufficiently made in the Judgem^t of
Two indifferent men viewing the Same when any Trespass is
Comitted and in Case any Horse Mare or Cattle shall leap over
or break down any such fence as aforesaid there by getting
into such Ground That then the Owner of such horse or
horses, Mare or Mares or Cattle shall be lyable to an Action
of Trespass if the Damage thereby Susteined shall in Iudgem^t
of Two such Persons as aforesaid amount to Two hundred
pounds of Tobbacco or upwards or if less the Owner of such
Beast or Beasts to be Conveyed before one Justice of the
peace in the same County who is hereby Impowered to award
such Damages as he shall think Convenient upon such Evi-
dence as shall be produced before him any Law or Custom
to the Contrary Notwithstanding and whereas Diverse the
good people of this Province have and do Suffer great Dam-

p. 201

ages by the notorious ill Practices of ill disposed and malitious
persons burning Fences to the end therefore That so great
abuses may be either restreined or punished Be it Enacted by
the Authority aforesaid That if any Person or Persons what-
soever within this Province shall wilfully & Malitiously Burn
pull down or any ways Destroy any Corn field Pasture or

p. 202