2260

WASHINGTON COUNTY.

damage done upon any enclosed land in ihc county aforesaid
by trespassing live stock of any kind or description whatsoever,
the said person or persons so valuing or assessing the said
damage, shall inspect and examine into the state and condition
of the enclosure of the land upon which the said trespass or
damages shall be alleged to have been done or committed, and
if the said enclosures shall not be good and sufficient, accord-
ing to the true intent and meaning of this act, he or they shall
not make out any award, or assess any damages whatever.

This act
may be
plead.

SEC. 6. And be it enacted, That in all cases of action of
trespass, quare clausum fregit, or legal process of any kind,
hereafter to be sued out, commenced or prosecuted in the
county aforesaid, to recover damages for trespass upon lands in
said county by any kind or description of live stock, the de-
fendant or defendants may plead the general issue, and give
the special matter in evidence under this act, and the plaintiff
or plaintiffs, in all and every such suit, shall be non-suited and
mulct in costs, whenever it shall be clearly proven by legal
and competent testimony, that the lands whereon the said
trespass shall be alleged to have been done or committed, was
not enclosed according to the provisions of this act.

A SUPPLEMENT to an ACT, entitled, an Act regulating Fences in Wash-
ington County. — 1834, ch. 70.

Repeal six
feet.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That so much of the act, entitled, an act regulating fences in
Washington county, passed at December session, eighteen
hundred and thirty-three, chapter one hundred and forty, as
requires all worm fences to be six feet high from the ground
to the top of the upper rail, be, and the same is hereby re-
pealed.

Five feet
high re-
quired.

SEC. 2. And be it enacted, That from and after the passage
of this act, all worm fences in Washington county shall be
only five feet high from the ground to the top of the upper
rail, any law heretofore passed to the contrary notwithstanding.

FERRIES.
AN ACT authorizing the establishment of a Ferry over the Potomac River,
from the Lands of George Lafevre, in Washington County, opposile
the place called the Falling Water, in Virginia.—1822, ch. 67.

Preamble.

WHEREAS, it is represented to this general assembly, that
the establishment of a ferry from the lands of George Lafevre,
in Washington county, opposite to the place called the Falling
Water, in Virginia, would be of great public benefit ; therefore,

License.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That the court of Washington county be, and they are hereby
authorized and empowered to grant a license to Geo. Lafevre,