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 Ins hand and seal, to authorize the
party aggrieved and Buffering by such refusal or de-
lay, to make or repair the said fence as above re-
quired, and for doing so, lie or they shall be reim-
bursed; all costs and reasonable expenses necessarily
incurred, to be recovered from the party so refusing
or delaying, in tire same manner as debts of a like
amount are now recoverable.
SEC. 4. And be If enacted. That in case joint fences
-are not made and kept in repair according to the
provisions of this Act, it shall be also lawful for the
party aggrieved or likely to be injured, instead of pur-
suing the remedy above allowed, to discontinue the
said fence by giving three months' notice in manner
aforesaid, and in all other cases (unless by mutual
consent) twelve months' notice shall be required to
.discontinue any joint fence.
SEC. 5. Awl be it enacted. That wherever any person
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 said Atkinson's Election District
in Worcester 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 en-
closures shall not be 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 whatever.
SEC. 6. And be it enacted That in all cases of action
of trespass, quart clausum fregit, or legal process of any
kind, hereafter to be sued out or commenced, to re-
cover damages for trespass upon lands in said Atkin-
son's Election District in Worcester county, by any
91
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Reimbursed.
Joint fences
are not kept
in repair
Assess dam-
ages
For trespass-
ing.
Defendant
may plead
general issue.
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