382 CAROLINE .COUNTY. [ART. 6.

shall be at least four feet and a half high, and all worm fences
at least five feet high, in every case to be computed from the
ground or base of any embankment on which said fence may be
placed.

87. If either of the parties making or keeping a joint fence
shall not comply with the provisions of the preceding section,
and shall refuse or delay to make or repair his proportion of
such joint fence within twenty days after notice in writing shall
be given to him, or his overseer or tenant, upon proof thereof
before a justice of the peace, the said justice may, under his hand
and seal, authorize the party aggrieved to make or repair said
fence, and for BO doing he shall be reimbursed all costs and
reasonable expenses, to be recovered from the party so refusing
or delaying, in the same manner as debts of a like amount are
recoverable.

88. In cases in which joint fences are not made or kept in
repair according to the directions of section 86th of this article,
the party aggrieved, instead of pursuing the remedy prescribed
by the preceding section, may discontinue such joint fence, after
giving three months' notice in writing to the party, his agent or
overseer; in all other cases (unless by mutual consent) twelve
months' notice shall be given to discontinue any joint fence.

89. In all suits or actions brought to recover damages for
trespass upon any land in said county by any kind of live stock,
the defendant may plead the general issue and give the special
matter in evidence, and the plaintiff shall be non suit whenever
it shall be clearly proven that the lands whereon the trespass
is alleged to have been done were not enclosed according to this
law.

FISH.

90. It shall not be lawful for any person other than residents
of this State to take or catch fish within the -waters of Caroline
county.

91. It shall not be lawful for residents of this State other than
the citizens of said county, or residents of this State, with the
permission of the owner or occupant of land bordering on the
waters of said county, to take or catch fish within the said
waters with seines having meshes of a size less than five inches
square.