' and sufficiency aforesaid, then the owner or owners
of such live stock shall be liable to make good all
such damages to the owner or owners of such en-
closure, as shall be found and awarded by two or
more judicious persons to be appointed by a Justice
of the Peace in said county, said persona to view the
same under oath and make return before the Justice of
the Peace by whom they were appointed, and the said
damage to be recovered in the same manner that is
or shall be prescribed by law for the recovery of
small debts; provided, nevertheless, upon the trial
before any Justice of the Peace for damages, at the
instance of either party, it shall be the duty of said
Justice of the Peace to issue a subpoena for such wit-
nesses as either plaintiff or defendant may require.
SEC. 2. And be it enacted, That wherever joint fences
have been or may be established in said county, for
the mutual benefit and advantage of different owners
or possessors of adjoining land, it shall be the duty
of each party to keep up, in good repairs, his, her, or
their just and respective proportion thereof, in man-
ner following: that is to say, that all post and rail or
plank 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 is or may be placed.
SEC. 3. And he if enacted, That if either of the par-
tics, so making or keeping a joint fence, shall not
comply with the foregoing provisions, and shall refuse
or delay to make or repair the said fence, within
twenty days after notice in writing shall be given to
said party, his agent, overseer or tenant, then, upon
proof thereof before a Justice of the Peace in said
county, it shall be lawful for the said Justice of the
Peace, under his hand and seal, to authorize the party
aggrieved and suffering by such refusal or delay, to
make or repair the said fence as above required, and
for doing so lie, she or they shall be reimbursed all
coats and reasonable expenses necessarily incurred,
to be) recovered from the party so refusing or delay-
ing in the same manner as debts of a like amount are
now recoverable.
2
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How award
el
Recovery.
Proviso.
Witnesses.
Joint fences.
Keep in
repair
Height.
Failure to
comply with
provisions.
Notice in
writing.
To be reim-
bursed.
Recoverable.
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