ART. 10.] FENCES. 1027

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 shall be reimbursed
all costs and reasonable expenses necessarily incurred, to be recov-
ered from the party so refusing or delaying, in the same manner
se debts of a like amount are now recoverable.

1870, ch. 64. 1878, ch. 83. 1880, ch. 244. 1883, ch. 861. 1882, ch. 488.

1884, ch. 445.

169. In case joint fences are not made and kept in repair
according to the provision of sections 164, 165 and 166, 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.

170. Whenever any person shall be summoned or called upon,
according to law, to value and assess the damages done upon any
enclosed land in the districts aforesaid, by trespassing live stock
of any kind or description whatsoever, the person so valuing or
assessing the said damage, shall inspect and examine into the state
and condition of the enclosures of the land upon which the said
trespass or damages shall be alleged to have been done or
committed; and if the said enclosures shall not be good and
sufficient according to law, he shall not make out any award or
assess any damages whatever.

Ibid.

171. In all actions of trespass quare clausum fregit, or legal
process of any kind hereafter to be sued out or commenced, to
recover damages for trespass upon lands in said districts of the
county by any kind or description of live stock, the defendant
may plead the general issue, and give the special matter in