FENCES.

2259

being of the height and sufficiency aforesaid, then the owner or
owners of such live stock shall be liable to make good all such
damages to the owners of such enclosure, as shall be found and

Liability
for trespass.

awarded by two or more judicious persons who may view the
same, under oath or affirmation made before some justice of the

Damage
ascertained.

peace in said county, the said damages to be recovered in the
same manner that is or shall be prescribed by law for the re-
covery 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 de-
fendant may require.

Recovera-
ble.

SEC. 2. And be it enacted. That whenever joint fences have
or may be established in Washington county, for the mutual
benefit and advantage of different owners or possessors of ad-
joining land it shall be the duty of each party to keep up in
good repair, his, her or their just and respective proportion
thereof, in manner following, that is to say, all post and rail or

Joint
fences.

plank fences, shall be at least four and a half feet high, and all
stone fences shall be at least four feet high, and all worm or
other fences shall be at least six feet high, the height in every
case to be computed from the ground or base of any embank-
ment 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,
then upon proof thereof before a justice of the peace, it shall

Case of
neglect to
keep up.

be lawful for the said justice under his hand and seal, to au-
thorize the party aggrieved and suffering by such refusal or
delay, to make or repair the said fence as above required, and
for so doing, he, she or they shall be re-imbursed all costs and
reasonable expenses, necessarily incurred, to be recovered from
the party so refusing or delaying, in the same manner as debts
of a like amount are now recoverable.

Remedy.

SEC. 4. And be it enacted, That in case joint fences are not
made and kept in repair according to the provisions of this act,
it shall also be lawful for the party aggrieved or likely to be in-
jured, instead of pursuing the remedy above allowed, to dis-
continue the said fence by giving three months notice, in

Or dis-
continue.

manner aforesaid, and in all other cases, (unless by mutual
consent) twelve months notice shall be required to discontinue
any joint fence.

Notice
required.

SEC. 5. And be it enacted, That whenever any person or
persons shall, under and by virtue of this act or any law of this
state, be summoned or called upon to value and assess the

Duty of
persons
assesting
damage.