534

LAWS OF MARYLAND.

part of any such partition fence, and shall be no

longer bound to keep up and repair the same.

SEC. 4. And be it enacted, That no action shall lie

No action.

for trespass committed by cattle, or other live stock,

upon any unenclosed land; and upon a plea being en-

tered in any suit to recover damages for trespass by

cattle or other live stock, stating in effect, that the

property said to be trespassed upon was not suffi-

ciently enclosed, the justice or the court before

which said suit is being tried, shall appoint three

Appoint three
discreet men.

discreet men of the vicinage to view and examine

into the sufficiency of the enclosure of said property,

aud if they report, in writing, that the enclosure at

the part entered upon by said live stock was insuffi-

cient to keep out live stock, not breachy or mis-

chievous, or that not being able, after examining

carefully, to discover where said live stock entered

upon said property, that they have examined said

enclosure, and find it insufficient to keep out live

stock, not mischievous, then in either event no dam-

age shall be allowed for such trespass.

Approved April 8, 1876.

CHAPTER 305.

AN ACT to repeal sections eighty-two, eighty-three,

eighty-four and eighty-five, of the Public Local

Laws of Caroline county, sub-title " Fences," so

far as it relates to the first district.

SECTION 1. Be it enacted by the General Assembly of

Repealed.

Maryland, That sections eighty-two, eighty-three,
eighty-four and eighty-five, of the Public Local Laws

of Caroline county, sub-title "Fences," be aud the

same is hereby repealed, so far as it relates to the

first district.

In force.

SEC. 2. And be it enacted, That this act shall take

effect from the date of its passage.

Approved April 8, 1876.