46

LAWS OF MARYLAND.

Not complying
with provisions

SEC. 4. And be it enacted, That if either of the

parties so making or keeping a joint fence, shall not

comply with the foregoing provisions, and* shall re-

fuse or delay to make or repair the said fence within

ten 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 his hand and seal, to authorize the

party aggrieved and suffering by such refusal or-

delay, to make or repair the said fence as above re-

quired, and for doing so, he or they shall be re-im-

bursed all cost and reasonable expenses, necessarily

incurred ; to be recovered from the party so refusing

or delaying in the same manner as debts of a like

amount are now recoverable.

Not kept in

SEC. 5. And be it enacted, That in case joint fences

repair

are not made and kept in repair, according to the

provisions of this act, it shall be also lawful for the

party aggrieved, or liely to be injured, instead of

pursuing the remedy above allowed, to discontinue

the said fence by giving three month's notice in man-

ner aforesaid, and in all other cases, unless by mu-

tual consent, twelve month's notice shall be required

to discontinue any joint fence.

Assess dam-

SEC. 6. And be it enacted, That wherever any per-

ages

son 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 county, aforesaid, by tres-

passing live stock, of any kind or description what-

ever, the said person or persons, so valuing or assess-

ing 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 enclosure 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

damages whatever.

Cases of ttusisses-

SEC. 7. And be it enacted, That in eases of action

pass

of trespass or legal process, of any kind hereafter,

to be sued out or commenced to recover damages

for trespass upon lands, in said Worcester county, by