1856

CHARLES COUNTY.

the last year, as they may deem just and proper, over and
above the sum allowed by the act to which this is a supplement.

Repealing
clause.

SEC. 3. And be it enacted, That the provisions of the act to
which this is a supplement, in relation to the compensation and
salary of the clerks, so far as the same may be inconsistent
with this act, be, and the same are hereby tepealed.

CROWS.
See 'Calvert County,' title 'Crows,' ante page 1730.

FENCES.

AN ACT regulating Fences in Charles and Allegany Counties — 1826,
ch 82
Merged in 1827, ch. 150, as to Charles, which was repealed by 1828,
ch. 101.

A further SUPPLEMENT to an ACT regulating Fences in Charles and Alle-
gany Counties, passed at December session, eighteen hundred and
twenty-six, chapter eighty-two — 1828, ch 101

No action
of trespass,
&c here-
after com-
menced
shall be
adjudged to
be main*
tamed by
evidence,
tec.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That no action of trespass, quare clausum fregit, hereafter com-
menced, shall be adjudged to be maintained or supported by
evidence, that any defendant in such action, or any horse, cow,
hog, or other domestic animal, belonging to such defendant,
passed on or over any waste or unenclosed land in Charles and
Kent counties, or by proof that any such animal trod down or
eat the grass or herbage, or looted up or disturbed the soil or
earth, on any such waste or unenclosed lands, and the defen-
dants in any such action may plead the general issue, and give
this act and the special matter in evidence.

Not lawful
for persons
to distrain
any horse,
&c.

SEC. 2. And be it enacted, That it shall not be lawful for
any person to distrain any horse, hog, or other beast, damage
feasant, upon any waste or unenclosed land in Charles and
Kent counties.

Partition
fences.

SEC. 3. And be it enacted, That partition fences between the
adjoining fields of different propiietors, shall be made and re-
paired by the parties respectively, owning or occupying the
fields, at their joint and equal expense, and upon failure of
either party to make or repair his or her respective proportion
of such fence, or to pay his equal share of the cost thereof, the
party so failing or neglecting shall be answerable for his pro-
portion of the cost of making or repairing such fence, to the
other, in an action of debt, to be recovered before a justice of
the peace in the manner prescribed for the recovery of small

Proviso.

debts out of court ; Provided, that no person shall be answera-
ble, unless the said fences shall be constructed out of the usual
materials, and in the ordinary way that fences are constructed
in the said counties.