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Proviso.
Break into
Proviso
Duty to keep
in repair.
Shall not
comply.
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LAWS OF MARYLAND.
usual in the construction of good post and rail,
plank or worm fences, and all brush fences made
upon the surface of the ground, to be at least four
feet high, and all brush fences made upon an em-
bankment, to be at least three feet high; provided
the embankment be eighteen inches high; and pro-
dded that nothing contained in this Act shall be so
construed as to extend to other than outside fence or
fences between proprietors; and if any live stock of
any kind or description whatever, shall break into
any person's enclosure, the same being of the height
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 enclosure as
shall he found and awarded by two or more judicious
persons to be appointed by a Justice of the Peace in
said county, said persons to view the same under
oath, and make return before the Justice of the Peace
by whom they were appointed, and the said damages
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 Jus-
tice 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 witnesses 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 At-
kinson's Election District, in Worcester county, for
the mutual benefit and advantage of different owners
or possessors of adjoining lands, 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, all post and rail or
plank fences shall be at least four feet high, and all
worm and 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 be it enacted, That if either of the par-
ties so making or keeping a joint fence, shall not
comply with the foregoing provisions, and shall re-
fuse or delay to make or repair the said fence within
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