JAS. BLACK GROOME, ESQUIRE, GOVERNOR. 723

SEC. 4. And be it enacted, That in case joint fences
are not made and kept in repair according to the	Nut made and
provisions of this act, it shall be also lawful for the	sept in repair.
party aggrieved, or likely to be injured, instead of
pursuing the remedy above allowed, to discontinue
the said fence by giving three months' notice in man-
ner aforesaid; and in all other cases, unless by mu-
tual consent, twelve months, notice shall be required
to discontinue any joint fence.
SEC. 5. And be it enacted, That whenever any per-
son or persons shall, under and by virtue of this act,	To value and
or any law of this State, be summoned or called upon	assess damages
to value and assess the damages done upon any
enclosed land in the county aforesaid, by trespassing
livestock of any kind or description whatsoever,
the said person or persons so valuing or assessing
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, accord-
ing to the true intent and meaning of this act, he or
they shall not make out any award or assess any
damages whatever.
SEC. 6. And beit enacted, Thatin all cases of action of	Cases of action
trespass, quare clausum fregit, or legal process of any kind hereafter to be sued out or commenced to re-	if trespass.
cover damages for trespass upon lands in said county
by any kind or description of livestock, the defend-
ant vor defendants may plead the general issues, and
give the special matter in evidence under this act,
and the plaintiff or plaintiffs in each and every suit
shall be nonsuited and mulcted in costs wherever it
shall be clearly proven by legal and competent testi-
mony that the lands, wherever the said trespass shall
be alleged to have been done or committed, were
not enclosed according to the provisions of this act.
SEC. 7. And be it enacted, That it shall not be lawful	Not lawful to
for any person in Garrett county to impound any	impound
horned or black cattle, sheep or hogs, unless the
same shall be found trespassing within an enclosure
surrounded by a good and substantial fence, at least
four and one-half feet high.