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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 2279   View pdf image (33K)
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DORCHESTER COUNTY. 2279

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 sufficiency afore-
said, then the owner of such stock shall be liable to make good all such
damages to the owner of such enclosure as shall be found and awarded
by two or more judicious persons, to be appointed by any justice of the
peace in and for the said election districts; the 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 may be recoverd in the same
manner as is now or hereafter may be provided by law for the recovery of
small debts, together with the cost of the proceedings, including a fee
of fifty cents to each assessor appointed by the justice to assess said dam-
ages, and also including a reasonable compensation to the owner so tres-
passed upon for the keeping of such trespassing stock if it shall be im-
pounded, the same also to be found under oath by the assessors to be
appointed as aforesaid; and any owner of such alleged trespassing stock,
or owner of such land so as aforesaid trespassed upon, shall have the
right of appeal to the Circuit Court from the judgment of the justice of
the peace as in other cases provided by law; provided, that a hedge fence
or any other kind of fence that shall, in the judgment of the assessors
appointed to value the damages, be sufficient to turn or keep out live stock,
shall be considered a sufficient and legal fence within the meaning of this
section; and, provided further, that nothing in this section shall be con-
strued to prevent any person having a sufficient fence, as hereinbefore
provided, from impounding any trespassing live stock as now provided
by law, only as a part of his proceedings; any person in said district so
trespassed upon, and having a sufficient fence as aforesaid, shall have
the sufficiency of his fence passed upon as herein provided, before pro-
ceeding to sell the stock impounded by him. The provisions of this sec-
tion shall only apply to outer fences and boundary fences in the districts
aforesaid, and not to any person's interior fences upon his own property.*

P. L. L., 1888, Art. 10, sec. 166. 1884. ch. 445.

294. If the assessors appointed under Sections 290 and 293 shall
certify in writing to the justice of the peace hearing the complaint tinder
said sections, that said fence at the particular point or place through or
over which any live stock may have broken or trespassed, is of the height
and sufficiency required in Section 290, or is or has been freshly broken,
then damages shall be awarded to and recoverable by the owner as re-
quired in Sections 290 and 293.

P. L. L., 1888, Art. 10. sec. 107. 1870, ch. 64. 1878, ch. 83. 1880. ch. 244.

1882, ch. 361. 1882, ch. 483. 1884, ch. 445. 1888, ch. 387.

1890, ch. 379.

295. Whenever joint fences have been, or may be established in the
districts and parts of districts mentioned in Sections 290 and 293, and
in District Number Two or East New Market, District Number Twelve
or Williamsburg, and District Number Thirteen or Buckstown, for the

*Ch. 364, 1894, repealed this section as to the Third Election or Vienna District.

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 2279   View pdf image (33K)
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