CALVERT COUNTY. 1479

and a half feet high, but if made of cap and stakes or stake and rider,
commonly called worm fences, shall be five feet high.

P. L. L, 1888, Art. 5, sec. 76. 1886, ch. 117. 1896, ch. 6, sec. 76.
1910, ch. 95, sec. 76 (p. 6,65).

146. If either his tenant or overseer, or other representative shall re-
fuse or neglect to make or keep in good repair his portion of said fence
after thirty days' notice in writing shall have been given him, his tenant,
overseer or other representative by the person aggrieved, the person so
aggrieved may proceed to make or repair the said portion of fence and file
with a justice of the peace of the said county an itemized statement show-
ing the exact costs of making or repairing the said fence with proof of
notice aforesaid, whereupon the said justice shall docket a case against
the owner of the land, and notify said owner, his tenant, overseer or other
representative in case the said owner is a new resident of Calvert County,
and five days after such notice the said justice shall hear the case, to
determine whether the work has been performed, and the reasonableness
of the charges for making or repairing the said fence, and enter judgment
in favor of plaintiff for the actual cost of making or repairing said fence
and costs of suit, which judgment shall become, when recorded, the first
lien upon the land over and above any mortgage judgment or any other
evidence of debt.

P. L. L., 1888, Art. 5, sec. 79. 1886, ch. 117. 1896, ch. 6, sec. 79.

147. If any owner, his tenant, overseer or other representative having
an interest in any joint division fence, shall fail to make or keep in repair
his part thereof, he shall not be entitled to damages on account of any
trespass through said part, by stock belonging to another joint owner, his
tenant, overseer or other representative; and if said owner or other person

shall kill, maim or otherwise wilfully injure such stock, he shall, upon
conviction, pay to the owner the full value of said stock, with costs of
suit, and shall also be liable to a fine of not less than ten dollars nor more
than fifty dollars, and, in default of payment of such fine, to be impris-
oned in the county jail until such fine be paid, or until discharged by due
process of law; but in all other cases of trespass, the party trespassed upon

shall be entitled to recover from the owner of the stock the amount of

damages done by such trespass, as is provided for by law, except that if
the stock so trespassing shall enter through its owner's enclosures, the
party maiming, killing or otherwise injuring said stock shall be entitled
to prove the amount of the damage done by such stock in mitigation of
the damage for the killing and maiming thereof.

FINES.

1892, ch. 170, sec. 1.

148. All moneys, fines, penalties and forfeitures collected by or com-
ing into the hands of the sheriff, justices of the peace and other officers
of Calvert County, and which are now paid or may hereafter be made