722

LAWS OF MARYLAND.

and sufficiency aforesaid, then the owner or owners

of such livestock shall be liable to make good all

such damages to the owner or owners of such enclos-

Damages

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

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

Proviso.

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 wit-

nesses as either plaintiff or defendant may require.

SEC. 2. And be it enacted, That wherever joint fences

Joint fences

have been or may be established in said county, for

the mutual benefit and advantage of different owners.

or possessors of adjoining land, it shall be the duty

of each party to keep up iu good repair his, her or

their just and respective proportion thereof, in man-

ner following, that is to say : that all post and rail

or plank fences, shall be four feet high, and all

worm or other fences, shall be at least four and one-

half feet high, the height in every case to be com-

puted from the ground or base of any embankment

upon which said fence is or may be placed.

SEC. 3. And be it enacted, That if either of the par-

Shall not com-
ply

ties 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

twenty 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, she or they shall be

reimbursed all costs and reasonable expenses neces-

sarily incurred, to be recovered from the party so

refusing or delaying iu the same manner as debts of

a like amount are now recoverable.