ART. 9.] CHARLES COUNTY. ' 481

dollars, conditioned for the faithful performance of the duties
imposed on him by law, which bond shall be recorded in the
office of the clerk of the Circuit Court for Charles county.

37. He shall upon application exhibit the books, papers and
levies in his office, and make copies or extracts thereof, to any
person free of charge.

38. He shall receive a salary not exceeding two hundred and
fifty dollars per annum.

39. He shall attend at the court-house in said county on each
Monday and Tuesday in the months of March and April in
every year, for the purpose of making changes and transfers of
property.

EMOTIONS.

40. Charles county is divided into four election districts, accord-
ing to their present bounds and limits, in each of which districts
elections for public officers shall be held at the place now esta-
blished by law.

FENCES.

41. Partition fences between the adjoining fields of different
proprietors in Charles county, shall be made and repaired by
the parties respectively owning or occupying the fields at their
joint and equal expense, and upon failure of either party to
make or repair his respective proportion of such fence, or pay his
equal share of the costs thereof, he shall be answerable therefor
in an action of debt, to be recovered before a justice of the peace;

but no person shall be so answerable unless the fence, for the
making or repair of which he shall be sued, shall have been
constructed of the usual materials and in the ordinary way.

42. No action of trespass quare clausum fregit, in Charles
county, shall be adjudged to be maintained or supported by
evidence that the defendant, or any horse, cow, hog or other
domestic animal belonging to him, passed on or over any waste
or unenclosed land in said county, or by proof that any such
animal trod down or ate the grass or herbage or rooted up or
disturbed the soil or earth on any such waste or unenclosed
land, and the defendant in any such action may plead the gene-
ral issue and give the special matter in evidence.
Voi. II.-81