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Failure to
keep in repair
Notice to dis-
continue.
Value and
assess damages
Trespassing
Damages not
awarded.
Defendantsmmay plead.
Plaintiffs
nonsuited.
ln force.
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LAWS OF MARYLAND.
SEC. 4. And be it enacted. That in case joint fences'
are not made and kept in repair, according to the pro-
visions of this Act, it shall be also lawful for the party
aggrieved or likely to be injured, instead of pursuing
the remedy above allowed, to discontinue the said
fence by giving three months notice in manner afore- ti-
t-aid; and in all other cases, unless by mutual con-
sent, twelve months' notice shall be required to
discontinue any joint fence.
SEC. 5. And he it enacted. That whenever any per-
son or persons shall, under and by virtue of this Act,
or any law of this State, be summoned or called upon
to value and assess the damages done upon any en-
closed land in the county aforesaid, by trespassing
live stock of any kind or description whatsoever, the
said person or persons, so valuing or assessing the said,
damages, shall inspect and examine into the state and
condition of the enclosure of the land upon which the
said trespass or damages shall be alleged to have
been done or committed; and if the said enclosures
shall not he good and sufficient, according to the true
intent and meaning of this Act, he or they shall not
' make out any award or assess any damages what-
ever.
SEC. 6. And be It enacted That in all cases of action
of trespass " qaure clausum freyit," or legal process of
any kind, hereafter to be sued out or commenced, to re-
cover damages for trespass upon lands in said county
1) y any kind or description of live stock, the defend-
ant or defendants may plead the general issue and
give the special matter in evidence, under this Act, and
the plaintiff' or plaintiffs, in each and every suit, shall
be nonsuited and mulcted in costs wherever it shall
be clearly proven, by legal and competent testimony,
that the lands, wherever the said tresspass shall be
alleged to have been done or committed, were not
enclosed according to the provisions of this Act.
SEC. 7. And be it further enacted. That this Act shall
take effect from the first day of June, in the year
eighteen hundred and seventy-two.
Approved February 12, 1872.
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