ART. 10. ] DORCHESTER COUNTY.

his, her or their just and respective proportion thereof,
in 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.

311

235. If either of the parties so making or keeping a
joint fence, shall not comply with the foregoing provi-
sions and 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, she or they, 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.

Ibid. s. 3.
How repair
compelled.

236. In case joint fences are not made and kept in
repair according to the provisions of this act, 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 consent, ) twelve months notice shall
be required to discontinue any joint fence.

Ibid s. 4.
Party may dis-
continue.

237. Whenever any person or persons shall under
and by virtue of this act or any law of this state, be
summoned or called upon to value and assess the dam-
ages done upon any enclosed land in the districts afore-
said, by trespassing live stock of any kind or descrip-
tion whatsoever, the said person or persons so valuing
or assessing the said damage, shall inspect and examine
into the state and condition of the enclosure of the land
upon which the said trespass or damages shall be alleged
to have been done or committed; and if the said en-

Ibid. s. 6.
Before assess-
ing damages
fences to be in-
spected.