310

DORCHESTER COUNTY. [ART. 10.

planks or worm fence, well staked and ridered, made
of good and substantial rails, at least four feet high
from the ground to the top of the upper rail, and all
worm fences not staked and ridered, shall be at least
five feet high from the ground to the top of the upper
rail, and the first or under rail, in post and rail or plank
or worm fences shall not exceed five inches from the
ground or embankment, on which the same is or may
be built, and the width between the, rails comprising
the fence shall be such as is usual in the construction
of good post and rail, plank or worm fences; and all
brush fences made upon the surface of the ground, to
be at least four feet high, and all brush fences made
upon an embankment to be at least three feet high;

Provisos.

provided, the embankments be eighteen inches high,
and provided, that nothing contained in this act shall
be so construed as to extend to other than outside fence

Damages for
trespass.

or fences between proprietors; and if any live stock of
any kind or description whatsoever, shall break into
any person's enclosure, the same being of the height
and sufficiency aforesaid, then the owner or owners of
such live stock shall be liable to make good all such
damages to the owner or owners of such enclosure, as

How ascertain-
ed and recov-
ered.

shall be found and awarded by two or more judicious
persons to be appointed by a justice of the peace in said
county, 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 to be re-
covered in the same manner, that is, or shall be pre-

Proviso.

scribed by law for the recovery of small debts; provided,
nevertheless, upon the trial before any justice of the
peace for damages, at the instance of either party, it
shall be the duty of said justice of the peace, to issue

Witnesses.

a subpaena for such witness as either plaintiff or defen-
dant may require.

Ibid, s 2.
Joint fences,
how to be kept
in repair.

234. Whenever joint fences have or may be estab-
lished in Lake's, Straights or Drawbridge districts of
said county, for the 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,