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The Maryland Code, Public Local Laws, 1888
Volume 390, Page 1252   View pdf image (33K)
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1252 GARRETT COUXTY. [ART. 12.

be also lawful for the party aggrieved or likely to be injured, in-
stead of pursuing the remedy above allowed, to discontinue 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.

1878, ch. 108.

100. Whenever any person, under and by virtue of this sub-
title of this article or any law of this State, shall be summoned or
called upon to value and assess the damages done upon any
enclosed land in the county aforesaid, by trespassing live stock of
any kind or description whatsoever, the said person in assessing;
said damages shall inspect and examine into the state and con-
dition 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 enclosure shall not be good and sufficient according to
the true intent and meaning of this sub-title of this article, he
shall not make out, award or assess any damages whatever.

Ibid.

101. In all cases of action of trespass quare clausum fregit or
legal process of any kind sued out or commenced to recover
damages for trespass upon lands in said county, by any kind or
description of live stock, the defendant may plead the general
issue and give the special matter in evidence; and the plaintiff in
each and every suit shall be nonsuited and mulcted in costs
wherever it shall be clearly proven, by legal and competent
testimony, that the lands whereon the said trespass shall be
alleged to have been done or committed were not inclosed accord-
ing to the provisions of this sub-title of this article.

Ibid.

102. It shall not be lawful for any person in Garrett county
to impound any horned or black cattle, sheep or hogs, unless the
same shall be trespassing within an enclosure surrounded by a
good and substantial fence at least four feet high.

Ibid.

103. If any person shall beat, dog, bruise, or in any manner
injure any horned or black cattle, sheep or hogs, .the owner or

 

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The Maryland Code, Public Local Laws, 1888
Volume 390, Page 1252   View pdf image (33K)
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