JAMES THOMAS, ESQUIRE, GOVERNOR.

1833.

provided, the Methodist Protestant Church, in conformity
with the provisions of the deed of trust, from Philip
Rhoades to Henry Rhoades and others, erect upon the
aforesaid piece of Land a meeting house and public school
house,

CHAP. 119.

CHAPTER. 119.

An act regulating Fences in Dorchester and Caroline coun-
ties.

Passed Feb. 1834

SECTION 1. Be it enacted by the General Assembly of
Maryland, That from and after the first day of August
next, corn fields, and all grounds kept for enclosure in Dor-
Chester and Caroline counties, shall be fenced with posts
and rails, or plank, or worm fence well staked and ridered,
made of good and substantial rails, at least four feet and a
half high from the ground to the top of the upper rail; and
all worm fences not staked and ridered, shall be at least
five feet high from the ground to the top of the upper rail,
and the first or under rail, in post and rail or plank of worm
fences shall not exceed five inches from the ground or em-
bankment, on which the same is or may be built, and the
width between the rails composing the fence shall be such
as is usual in the construction of good post and rail, plank,

Dimension prescri-
bed

or worm fences; and all brush iences made upon the sur-
face of the ground, to be at least four feet six inches high,
and all brush fences made upon an embankment to be at least
three feet high; provided, the embankment be eighteen in-

Of brush fences

ches high, and provided, that nothing in this act contained
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 whatsoever, shall break into any

Out side fences
only

person's enclosure, the same being of the height and suffi-
ciency 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 be iound and

Case of trespass

awarded by two or more judicious persons who may view
the same under their oath or affirmation, made before some
justice of the peace in said counties, the said damages to
be recovered in the same manner, that is or shall be prescri-
bed by law for the recovery of small debts; Provided, ne-

Proceedings

Proviso