4430 ARTICLE 20.

rails or planks of which the fence may be built shall be such as is usual
in the construction of fences of this kind, and all brush fences made upon
the surface of the ground shall be at least four feet high, and all brush
fences made upon an embankment of earth thrown up upon the ground
shall bo at least three feet high, the embankment, nevertheless shall be
eighteen inches high; if any live stock of any kind or description what-
ever shall break into any person's enclosure, the enclosure of which shall
be fences of the above description and proportions, then the owner of
such live stock shall be liable to make good all such damages to the owner
of such enclosures as shall be found and awarded by two or more judicious
persons, to be appointed by a justice of the peace of the district where the
enclosure so trespassed upon shall be located, which said persons shall
view the place after having been sworn to value and assess the damages
truly as they shall to them appear; and after having so viewed the dam-
ages and assessed the same, under oath, they shall make return thereof
before the justice of the peace by whom they were appointed, and then said
damages shall be recovered in the same manner that is prescribed by law
for the collection of other judgments upon the docket of a justice of the
peace; provided nevertheless, that upon the trial thereof before a justice
of the peace, for the damages, at the instance of either the plaintiff or
defendant, it shall be the duty of the said justice of the peace to issue a
subpoena for such witnesses as either plaintiff or defendant may require.

1898, ch. 393.

189. That part of Tangier district which lies north of the thorough-
fare, and is commonly called Rock Creek, is hereby exempted from the
operation of section 188, and in said portion of the district every person
shall be answerable for his own live stock and responsible for its safe
keeping, and it shall not be allowed to trespass beyond the premises of its
owner.

1920, ch. 90.

190. On and after June 1, 1920, every person in Deal's Island, Som-
erset County, shall be answerable for his own livestock and responsible
for its safe keeping, and said livestock shall not be allowed to trespass
beyond the premises of its owner.

P. L. L., 1888, Art. 20, sec. 109. 187S, chs. 356 and 445. 1SS4, ch. 144.
1886, chs. 268 and 418.

191. When joint fences have been, or may hereafter be established in
the districts hereinbefore mentioned, for the mutual benefit of different
owners or possessors of adjoining lands, it shall be the duty of each party
to keep in good repair his joint properties, respectively, thereof, to wit:
all fences of whatever kind shall be four feet high at least, the highest
in every case to be computed from the ground upon which the fence
rests, to the top of the upper rail, whether the fence be placed upon the
level earth or upon an embankment.