JAS. BLACK GROOME, ESQUIRE, GOVERNOR

65

CHAPTER 65.

AN ACT to repeal sections one and two of an act of

the General Assembly of Maryland, passed at

January session, eighteen hundred and severity-

two, chapter two, entitled "an act regulating fen-

ces in Wicomico county, "and to re-enact the same

with amendments.

SECTION 1. Be it enacted by the General Assembly of

Repealling and

Maryland, That sections one and two of an act of

re-enacting

the General Assembly of Maryland, passed at the

January session, eighteen hundred and seventy-two,

chapter two, entitled "an act regulating fences in

Wicomico county, be, and the same are hereby re-

pealed and re-enacted, so as to read as follows:

1. All fields and other grounds kept for enclosure

Fines

in Wicomico county, shall be fenced with posts and

rails, or planks, or worm fence, made of good and

substantial rail?, at least four feet high, from the

ground to the top of the upper rail; and the first or

under rail, in post and rail, or plank, or worm fen-

Height and

ces, shall not exceed five inches from the ground or

depth

embankment, on which the same is or maybe built;

and the width between the rails or planks, compris-

ing the fence, shall be such as is usual in the con-

struction of good post and rail, plank, or worm fen-

cos; and all brush fences, made upon the surface of

the ground, to be at least four feet high, and all

brush fences, made upon an embankment, to be at

least three feet high : provided, the embankment he

Proviso

eighteen inches high ; and if any live stock of any kind

or description whatever, shall break into any person's

enclosure, the same being of the height and suf-

ficiency 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 found and awarded by two or more judi-

Damages.

eious 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

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