1833 LAWS OF MARYLAND.

CHAP. 119	vertheless, upon the trial before any justice of the peace Tor 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.
Joint fences	Sec- 2. And be it enacted, That whenever joint fences have or may be established in Dorchester and Caroline counties for the mutual benefit and and advantage of differ- ent owners or possessors of adjoining land, it shall be the duty of each party to keep up in good repair, his, her or their just and respective proportion thereof, in manner fol-
Dimension prescri- bed;	lowing, that is to say, all post and rail or plank fences, shall be at least four and a half feet high, and all worm or other fences shall be at least five feet high, the height in every case to he computed from the ground or base of any embankment upon which said fence is or may be placed.
Neglect to keep up	Sec. 3. And be it enacted, That if either of the parties eo making or keeping a joint fence shall »ot comply with the loregoing provisions, and shall refuse or delay to make or repair the said fence, within twenty days after notice, in writing shall be given to the said party, his agent, overseer or tenant, then upop proof thereof before a justice of the peace, it shall be lawful for the said justice under his hand
Remedy provided	and seal, to authorise the party aggrieved, and suffering by such refusal or delay, to make or repair the said fence, as above required, and for so doing, he, she or they, shall be reimbursed all costs and reasonable expences necessarily incurred, to be recovered from the party so refusing or de- laying, in the same manner as debts of a like amount are now recoverable.
Or discontinuance	Sec, 4. And be it enacted, That in cases joint fences are not made and kept in repair according to the provisions of this act; it shall also be 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
Notice required	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.
Duty of persons who assess da- mage for trespass	Sec. 5. And be it enacted, That whenever 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 enclosed land in the counties aforesaid, fay trespassing live stock of any kind or descrip- tion whatsoever, the said person or persons so valuing or assessing the said damage, shall inspect and examine into the state and condition of the enclosure of the land upon