ART. 21.] WASHINGTON COUNTY. 897

96. If any live stock of any kind or description whatsoever
shall break into any person's enclosure, the same being of the
height and sufficiency prescribed in the preceding sections, the
owner shall be liable to make good all such damages to the
owners of such enclosures as shall be awarded by two or more
judicious persons, who may view the same under oath made
before some justice of the peace in said county, the said damages
to be recovered in the manner prescribed by law for the recovery
of small debts; Provided, upon the trial before any justice of the
peace for damages at the instance of either party, the justice of
the peace shall issue a subpoena for such witnesses as either plain-
tiff or defendant may require.

' 97. Whenever joint fences have been or may be established
in said county for the mutual benefit of different owners or
possessors of adjoining lands, each party shall keep in good
repair his just proportion thereof in the manner following: all
post and rail or plank fences shall be at least four feet and a
half high; all stone fences shall be at least four feet high; and
all worm or other fences shall be at least five feet high; the
height in every case to be computed from the ground or base of
any embankment upon which said fence may be placed.

98. If either of the parties so 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 the said fence within
twenty days after notice in writing shall be given to him or his
agent, overseer or tenant, upon proof thereof before a justice of
the peace, the said justice may, under his hand and seal, author-
ize the party aggrieved by such refusal or delay, to make or
repair the said fence as above required, and for so doing he shall
be reimbursed all costs and reasonable expenses necessarily
incurred, to be recovered from the party so delaying or re-
fusing in the same manner as debts of like amount are recover-
able.

99. If joint fences are not made and kept in repair according
to the provisions of the 97th section of this article, the party
aggrieved, instead of pursuing the remedy prescribed in the
preceding section, may discontinue said fence by giving three
months' notice in writing to the party refusing or delaying to
make or repair the same, or his tenant, overseer or agent; in all
other cases (unless by mutual consent) twelve months' notice
shall be required to discontinue any joint fence.

VOL. II.—57