ART. 3.] BALTIMORE COUNTY. 113

pressing through the same; and if a post and rail fence, Shall
be five feet in height, with not less than five rails in each
panel; Provided, said fence be not within five miles from the
city of Baltimore.

105. If any person not having his lands enclosed with such
fence or fences as are mentioned in the last preceding section
of this article, shall impound, kill or otherwise damage any
hog, cow, sheep, horse or other cattle or stock, which shall be
found on his lands, the owner of such hog, cow, sheep, horse
or other cattle may apply to a justice of the peace of the
county, who shall issue a summons for damages against the
person so doing or causing such damage, for the use of the
person injured.

106. The justice shall also, at the time of issuing said sum-
mons, issue a summons to three freeholders of said county, re-
quiring them, or a majority of them, to meet on the premises,
and ascertain and value the damages so done, and to appear
before said justice on the return day of the summons against
the defendant, to testify in the premises; and the said justice,
upon due proof of all the facts aforesaid being made to him,
shall give judgment in favor of the plaintiff against the de-
fendant, for such sum as the said freeholders, or a majority of
them, shall have testified to be correct and proper damages.

107. The said freeholders shall be allowed the same per diem
as witnesses before a justice of the peace, for each day they
may be engaged in the performance of the duties hereby im-
posed upon them.

108. Nothing contained in this article relating to fences, shall
extend or be applicable to hogs or swine, going at large within
five miles of the bounds of the city of Baltimore.

FISH.

109. No person shall destroy the fish in any branch or creek
in Baltimore county, by putting quick lime therein, •under the
penalty of twenty dollars for each offence, to be recovered before
a justice of the peace of said county, one-half to the informer,
and the other half to the use of the county.
Voi» II.-s