ART. 6.] CAROLINE COUNTY. 381

FENCES.

82. All grounds kept for enclosure in Caroline county, unless
and so far as they shall be enclosed by creeks, rivers or bays,
shall be fenced with posts and rails, or plank or worm fence,
well staked and'ridered, made of good and substantial rails, at
least four and a half feet high from the ground to the top of the
upper rail; and all worm fences not staked and ridered shall be
at least five feet high from the ground to the top of the upper
rail, and the first or under rail in post and rail or plank or worm
fences shall not be more than five inches from the ground or
embankment on which the same is built, and the width between
the rails composing the fence shall be such as is usual in the con-
struction of good post and rail, plank or worm fence; and all
brush fences made upon the surface of the ground shall be at
least three feet high, and upon an embankment eighteen inches
high.

83. The provisions of the aforegoing section shall extend only
to outside fences between different owners.

84. If any live stock of any kind or description shall break
into any enclosure of the height and sufficiency prescribed in the
82d section of this article, the owner of such stock shall be liable
to make good to the owner of such enclosure all such damages
as shall be found and awarded by two or more judicious persons
who may view the same, made and awarded by them under oath
before a justice of the peace of the county, and to be recovered
as small debts.

85. And in every suit for such damages, the justice before
whom the same shall be brought shall summon witnesses at the
instance of either party, to testify as to the sufficiency or in-
sufficiency of such enclosure; and the persons called upon to
view and assess the damages, shall make no award of damages
unless upon examination they shall be satisfied that the enclosure
is such as is required by the 82d section of this article; but their
opinion upon this point shall not be final, but may be rebutted by
other evidence.

86. Whenever joint fences, are established for the mutual benefit
of different owners or possessors of adjoining land, each party
shall keep in good repair his respective proportion thereof in
manner following, that is to say: all post and rail or plank fences