FENCES.

1767

counties, shall be fenced with posts and rails, or plank, or
worm fence well staked and ridered, made of good and sub-
stantial rails, at least four feet and a half high from the ground
to the top of the upper rail; and all worm fences not staked
and ridered, shall be at least five feet high from the ground to
the top of the upper rail, and the first or under rail, in post
and rail or plank or worm fences, shall not exceed five inches
from the ground or embankment, on which the same is or may
be built, and the width between the rails composing the fence
shall be such as is usual in the construction of good post and

rail, plank or worm fences ; and all brush fences made upon
the surface of the ground, to be at least four feet six inches
high, and all brush fences made upon an embankment to be at
least three feet high ; Provided, the embankment be eighteen
inches high, and provided, that nothing in this act contained

Of brush
fences.

shall be so construed as to extend to other than outside fence,
or fences between proprietors ; and if any live stock of any
kind or description whatsoever, shall break into any person's

Out side
fences only.

enclosure, the same being of the height and sufficiency afore-
said, then the owner or owners of such live stock shall be
liable to make good all such damages to the owner or owners

Case of
trespass.

of such enclosure, as shall be found and awarded by two or
more judicious persons who may view the same under their
oath or affirmation, made before some justice of the peace in
said counties, the said damages to be recovered in the same
manner that is or shall be prescribed by law for the recovery

Proceed-
ings.

of small debts ; Provided nevertheless, upon the trial before
any justice of the peace for damages, at the instance of either
party, it shall be the duty of said justice of the peace, to issue
a subpoena for such witnesses as either plaintiff or defendant
may require.
SEC. 2. And be it enacted. That whenever joint fences have
or may be established in Dorchester and Caroline counties, for
the mutual benefit and advantage of different owners or pos-
sessors of adjoining land, it shall be the duty of each party to
keep up in good repair, his, her or their just and respective

Proviso.
Joint fences

proportion thereof, in manner following, that is to say, all post
and rail or plank fences, shall be at least four and a half feet
high, and all worm or other fences shall be at least five feet
high, the height in every case to be computed from the ground
or base of any embankment upon which said fence is or may
be placed.

Dimension
prescribed.

SEC. 3. And be it enacted, That if either of the parties so
making or keeping a joint fence shall not comply with the
foregoing provisions, and shall refuse or delay to make or re-
pair the said fence, within twenty days after notice in writing
shall be given to the said party, his agent, overseer or tenant,

Neglect to
keep up.