SOMERSET COUNTY. 4431

P. L. L., 1888, Art. 20, sec. 110. 1878, chs. 256 and 445. 1884, ch. 144.
1886, chs. 268 and 418.

192. If either of the parties so making or keeping a joint fence shall
not comply with the foregoing provisions, and shall refuse or delay to
make or repair said fence where it is mutually beneficial, within twenty
days after notice in writing shall have been given to said party or his
agent, overseer or tenant, upon proof thereof before a justice of the peace
of the said districts, it shall be the duty of the justice of the peace, under
his hand and seal, to authorize the party so aggrieved and suffering by such
refusal or delay to make or repair such fence as above required, and for
so doing he shall be reimbursed all costs and reasonable expenses neces-
sarily 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., 18S8, Art. 20, sec. 111. 1878, chs. 256 and 445. 1884, ch. 144.
1886, chs. 268 and 418.

193. In case joint fences are not made and kept in repair, according
to the provisions of this subtitle of this article, it shall be also lawtful for
the party aggrieved, or likely to be injured, instead of pursuing the remedy
above alluded to, to discontinue the said fence, by giving three months'
notice in manner aforesaid; and in all other cases, unless by mutual
consent, twelve months shall be required to discontinue any joint fence.

P. L. L., 1888, Art. 20, sec. 112. 1878, chs. 256 and 445. 1884, ch. 144.
1886, chs. 268 and 418.

194. Whenever any person shall, under and by virtue of this sub-title
of this article, or any laws of this State, be summoned or called upon to
value and assess the damages done upon any enclosure in the aforemen-
tioned districts, by trespassing live stock of any kind or description what-
ever, the said person 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 damage shall be alleged to have been done or
committed; and if said enclosure shall not be such as hereinbefore de-
scribed, he shall not make out any award or assess any damage whatever.

P. L. L., 1888, Art. 20, sec. 113. 1878, chs. 256 and 445. 1884, ch. 144.
1886, chs. 268 and 418.

195. In all actions for trespass quare clausum fregit, or legal proceed-
ings of any kind sued out or commenced in said districts to recover dam-
ages for trespass upon land by any kind or description of live stock,
the defendant may plead the general issue, and give the special matter in
evidence, under this subtitle of this article; and the plaintiff, in each
and every suit, shall be non-suited and mulcted in cost, whenever it shall
be clearly proven, by legal and competent testimony, that the land,
wherever the said trespass was committed, was not enclosed according to
the provisions of this subtitle of this article.