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The Maryland Code, Public Local Laws, 1888
Volume 390, Page 1796   View pdf image (33K)
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1796 SOMERSET COUNTY. [ART. 20.

and for so doing, he shall be reimbursed all costs and reasonable
expenses necessarily incurred, to be recovered from the party so
refusing or delaying, in the same manner as debts of a like
amount are now recoverable.

1878, ch. 356. 1878, ch. 445. 1884, ch. 144. 1886, ch. 368. 1886, ch. 418,

111. In case joint fences are not made and kept in repair,
according to the provisions of this sub-title of this article, it shall
be also lawful for the party aggrieved, or likely to be injured,
instead of pursuing the remedy above alluded to, to discontinue
the said fence, by giving three months' notice in manner afore-
said; and in all other cases, unless by mutual consent, twelve
months shall be required to discontinue any joint fence.

Ibid.

112. Whenever any person shall, unaer and by virtue of this
sub-title of this article, or any laws of this State, be summoned or
called upon to value and assess the damages done upon any
enclosure in the aforementioned districts, by trespassing live
stock of any kind or description whatever, the said person so-
valuing or assessing the said damages shall inspect and examine
into the state and condition of the enclosure of the land upon
which the said trespass or damage shall be alleged to have been
done or committed; and if said enclosure shall not be such as
hereinbefore described, he shall not make out any award or assess
any damage whatever.

Ibid.

113. In all actions for trespass quare clausum fregit, or legal
proceedings of any kind sued out or commenced in said districts
to recover damages for trespass upon land by any kind or
description of live stock, the defendant may plead the general
issue, and give the special matter in evidence, under this sub-title
of this article; and the plaintiff, in each and every suit, shall be
non-suited and mulcted in cost, whenever it shall be clearly
proven, by legal and competent testimony, that the land,
wherever the said trespass was committed, was not enclosed
according to the provisions of this sub-title of this article.

 

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The Maryland Code, Public Local Laws, 1888
Volume 390, Page 1796   View pdf image (33K)
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