2280 ARTICLE 10.

mutual benefit or advantage of different owners or possessors of adjoining
land, it shall be the duty of each party to keep up in good repair his just
and respective proportion thereof, in the manner following, that is to
say, all post and rail or plank fences shall be at least four feet high, and
all worm or other fences shall be at least five feet high, the height in
every case to be computed from the ground or base of any embankment
upon which said fence is or may be placed.*

P. L. L., 1888, Art. 10, sec. 168. 1870, ch. 64. 1878, ch. 83. 1880, ch. 244.

18S2, ch. 361. 1882, ch. 483. 1884, ch. 445.

18S8, ch. 387.

296. If either of the parties so making or keeping a joint fence shall
not comply with Sections 290, 291, 293 and 295 shall refuse 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, 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 required, and for so doing he shall be reimbursed all costs and
reasonable expenses necessarily incurred, to be recovered from the party
so refusing or delaying, in the same manner as debts of a like amount are
now recoverable.

P. L. L., 1888, Art. 10, sec. 169. 1870, ch. 64. 1878, ch. S3. 1880, ch. 244.
1882, ch. 361. 1882, ch. 483. 1884, ch. 445.

297. In case joint fences are not made and kept in repair according
to the provision of Sections 290, 293 and 294, it shall be also lawful
for the 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 manner aforesaid; and in all other cases (unless by mutual con-
sent) twelve months' notice shall be required to discontinue any joint
fence.

P. L. L., 1888, Art. 10, sec. 170. 1870,. ch. 64. 1878, ch. 83. 1880, ch. 244.
1882. ch. 301. 1882. ch. 483. 1884, ch. 445.

298. Whenever any person shall be summoned or called upon, accord-
ing to law, to value and assess the damages done upon any enclosed land
in the districts aforesaid, by trespassing live stock of any kind or descrip-
tion whatsoever, the person so valuing or assessing the said damage, shall
inspect and examine into the state and condition of the enclosures of the
land upon which the said trespass or damages shall be alleged to have
been done or committed; and if the said enclosures shall not be good and
sufficient according to law, he shall not make out any award or assess any
damages whatever.

*This section as enacted by ch. 361, 1882, was repealed and re-enacted by ch. 136,
1922, but as no reference was made to the subsequent amendments made to this
section, there may be some doubt as to whether the Legislature intended to repeal
this section as to the other election districts mentioned therein. Accordingly, this
section as amended by ch. 379, 1890, has been included as well as ch. 136, 1922
(sec. 291).