1838

CECIL COUNTY.

rail, and the first or under rail, either in post and rail or worm
fences, shall not exceed five inches from the ground, or em-
bankment, or stone wall, as the case may be, on which the
same is or shall be built ; and the distance or space between
each of the three lower rails shall not exceed five inches ; and
all fences made of stone exclusively, and hedges of thorn close
set, shall be at least four feet and a half high from the ground
to the top thereof. And if any horses, horned cattle, sheep or
hogs, shall break into any person's enclosure, the same being
of the height and sufficiency aforesaid, then the owner of such
horses, cattle, hogs and sheep, shall be liable to make good all
such damages to the owner of such enclosure, as shall be found
and awarded by two respectable land-holders, who may view
the same, under their oath or affirmation made before some jus-
tice of the peace in said county ; the said damages to be reco-
vered in the same manner that is or shall be prescribed by law
for the recovery of debts.

Joint
fences.

SEC. 2. And be it enacted, That whenever any person or
persons have joined or shall join fences for their mutual benefit
and advantage, it shall be obligatory on each of the parties to
keep up and in good repair, his, her, or their respective pro-
portions thereof; and if any one of the owners or possessors,
upon the request of the other, shall refuse to make or repair
the said fence or fences, within twenty days after notice given,
that then, upon proofs thereof before a justice of the peace, it
shall be lawful for the said justice to order the person ag-
grieved and suffering thereby, to repair the said fence or
fences, who shall be reimbursed his costs and expenses, to be
recovered in the same manner as is or shall be prescribed by
law for the recovery of debts.

Insufficient
fences.

SEC. 3. And be it enacted, That whosoever, not having their
grounds enclosed with such sufficient fence as aforesaid, shall
hurt, kill or do damage to any horse, sheep, hogs or any kind
of cattle belonging to any other person, by hunting or driving
them out of or from the said grounds, shall make good all such
damages sustained thereby, to the owner or owners thereof, as
shall be awarded by two respectable land-holders under their
oath or affirmation, who may view the same, the said damages
to be recovered in the same manner as is prescribed for the
recovery of damages in the two first sections of this act.

FISH.
A further SUPPLEMENT to the ACT, entitled, an Act for the preservation
of the Breed of Fish.— 1819, ch. 175.

Constable*
to be ap-
pointed to
examine

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That the levy court of Harford county and Cecil county, be,
and they are hereby authorized and required, each to appoint