ART. 20.] FENCES. 1795

owner of such live stock shall be liable to make good all such

damages to the owner of such enclosures as shall be found and
awarded by two or more judicious persons, to be appointed by a
justice of the peace of the said districts where the enclosure so
trespassed upon shall be located, which said persons shall view
the place, after having been sworn to value and assess the
damages truly as they shall to them appear; and after having so
viewed the damages and assessed the same, under oath, they shall
make return thereof before the justice of the peace by whom
they were appointed, and then said damages shall be recovered
in the same manner that is prescribed by law for the collection
of other judgments upon the docket of a justice of the peace;
provided, nevertheless, that upon the trial thereof before a
justice of the peace, for the damages, at the instance of either the
plaintiff or defendant, it shall be the duty of the said justice of
the peace to issue a subpoena for such witnesses as either plaintiff
or defendant may require.

1878, ch. 258. 1878, ch. 445. 1884, ch. 144. 1886, ch. 268. 1886, ch. 418.

109. When joint fences have been, or may hereafter be estab-
lished in the districts hereinbefore mentioned, for the mutual
benefit of different owners or possessors of adjoining lands, it
shall be the duty of each party to keep in good repair his joint
properties, respectively, thereof, to wit: all fences of whatever
kind shall be four feet high at least, the highest in every case to
be computed from the ground upon which the fence rests, to the
top of the upper rail, whether the fence be placed upon the level
earth or upon an embankment.

Ibid.

110. If either of the parries so making or keeping a joint
fence shall not comply with the foregoing provisions, and shall
refuse or delay to make or repair said fence where it is mutually
beneficial, within twenty days after notice in writing shall have
been given to said party or Ins agent, overseer or tenant, upon
proof thereof before a justice of the peace of the said districts, it
shall be the duty of the justice of the peace, under his hand and
seal, to authorize the party so aggrieved and suffering by such
refusal or delay to make or repair such fence as above required,