ART. 12.] FENCES. 1251

of the height and sufficiency aforesaid, then the owner of such
live 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 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 damages shall be recovered in the same
manner provided by law for the recovery of small debts; provided,
nevertheless, that upon trial before a justice of the peace for
damages, it shall be the duty of the justice, at the instance of

either party, to issue a subpoena for such witness, as either
plaintiff or defendant may require.

1878, ch. 108.

97. Whenever joint fences have been or may be established in
said county for the mutual benefit and advantage of different
owners or possessors of adjoining lands, it shall be the duty of

each party to keep up in good repair his just and respective
proportion thereof, in manner following, that is to say: all post
and rail or plank fences shall be four feet high, and all worm
and other fences shall be at least five feet high, the height in
every case to be computed from the ground or base of any em-
bankment upon which said fence is or may be placed.

Ibid.

98. 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 such 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
in said county, it shall be lawful for ,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 said fence as
above required, and for so doing he shall be reimbursed all cost
and reasonable expenses thus 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.

99. In case joint fences are not made and kept in repair
according to the provisions of this sub-title of this article, it shall