FENCES.

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 landholders, who
may view the same, under their oath or affirmation made be-
fore some justice of the peace in said county ; the said damages
to be recovered in the same manner that is or shall be pre-
scribed by law for the recovery of debts.

1955

SEC. 2. And be it enacted, That whenever any person or
persons have joined, or shall join fences for their mutual bene-
fit and advantage, it shall be obligatory on each, of the parties
to keep up and in good repair, his, her, or their respective
proportions thereof; and if any one of the owners or posses-
sors, 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 proof thereof before a justice of the
peace, it shall he lawful for the said justice to order the per-
son aggrieved and suffering thereby to repair the said fence or
fences, who shall be reimbursed his coats and expenses, to be
recovered in the same manner as is, or shall be prescribed by
law for the recovery of debts.

Persons
joining
fences and
neglecting
to keep in
repair; pro-
ceed ingt.

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 landholders 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.

Damages
for injury
done to
stock on
lands not
properly
enclos

ed.

SEC. 4. And be it enacted. That this act shall not have the
force and operation of law in liar ford county, unless a majority
of the voters, who may lawfully vote in such county at the
election to be held for delegates on the first Monday in October
next, shall by their votes with reference to this act, approve
the same, which approbation shall be expressed by the words,
'in favour of the act regulating fences,' to be written or printed
on the ballots that may he given at the election aforesaid ; and
of which votes the judges of election in llarford county, shall
tako an exact account and make complete returns thereof to
the justices of the levy court of the county, who upon receiv-
ing the said returns shall cause the result thereof to be pub-
lished ; and in case the said act shall appear by the said returns
to have been approved by a majority of the persons so voting
in said county as aforesaid ; then the justices of the levy court
shall issue a public notice, declaring the said act to have then
acquired the full force and virtue of a law, in and applicable
to the county of llarford.

This act
subject to a
rote of tho
people at
next elec-
tion.