ART. 10.] FENCES. 1025

said justice of the peace to issue a subpoena for such witness as
either plaintiff or defendant may require.

1883, ch. 483. 1888, ch. 387.

165. All farms, forests, and other lands, in the third election
or Vienna district, and in the first election or Fork district shall
be fenced with post and rail, log or worm fences, well staked
and ridered, and made of good and substantial materials; the
said worm and log fences shall be at least four feet high from
the ground to the upper rail or log, and the space between
the said rails or logs for eighteen inches from the ground shall
not exceed four inches, and for the balance of the fence shall
not exceed six inches; the planks and all post and rail fences
shall be not less than three feet and eight inches high, and
the first plank or rail thereof shall be not more than four inches
from the ground; the space between the second plank or rail
shall not exceed five inches, and there shall not be a space
between any plank or rail exceeding eight inches; and if any
live stock of any kind or description whatever shall break into
any person's enclosure, the same being of the height and suf-
ficiency aforesaid, then the owner of such stock shall be liable to
make good all such damages to the owner of such enclosure as
shall be found and awarded by two or more judicious persons, to
be appointed by any justice of the peace in and for the said elec-
tion districts; the 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 may be recovered in the same
manner as is now or hereafter may be provided by law for the
recovery of small debts, together with the cost of the proceedings,
including a fee of fifty cents to each assessor appointed by the
justice to assess said damages, and also including a reasonable
compensation to the owner so trespassed upon for the keeping of
such trespassing stock if it shall be impounded, the same also to
be found under oath by the assessors to be appointed as aforesaid;
and any owner of such alleged trespassing stock, or owner of such
land so as aforesaid trespassed upon, shall have the right of appeal
to the circuit court from the judgment of the justice of the peace
as in other cases provided by law; provided, that a hedge fence
or any other kind of fence that shall, in the judgment of the
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