WM. PINKNEY WIIYTE, ESQUIRE, GOVERNOR

45

SEC. 2. Bo it enacted, That all fields and other

Fences

grounds,, kept for enclosure in Worcester county,

shall be fenced with post and rails, or plank, or

worm fence, rnado of good and substantial rails, at

least four feet high, from the ground to the top of

Height

the upper rail, and the first or under rail, in post and

rail, or plank, or worm fence, shall not exceed three

inches from the ground or embankment on which

the same is, or may be built, and the width between

Depth

the rails or plank, comprising the fence, shall be

such as is usual in the construction of a good post

and rail, plank or worm fences; and if any live stock

of any kind or discription whatever, shall break into

any person's enclosure, the same being of the height

and sufficiency aforesaid, then the owner or owners

of said live stock shall be liable to make good all

such damages to the owner or owners of such enclos-

Liable to dam-

ures, as shall be found and awarded by two or more

ages

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 justice 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, not to exceed three to prove the facts in

question.

SEC. 3. And be it enacted, That wherever joint fen-

Joint fences

ces have been, or may be established, in said 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 repair,

his, her, or their just and respective proportion

thereof in manner 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

four feet and one-half high, the heighth in every case

to be computed from the ground or base of the

embankment, upon which said fence is or may be

placed.