ART. 22.] FENCES. 1947

the ground to the top of the upper rail; the first or under rail in
post and rail, or plank or worm fences, shall not exceed five
inches from the ground or embankment on which the same may
be built; the width between the rails composing the fence shall
be such as is usual in the construction of good post and rail,
plank or worm fences; all brush fences made upon an embank-
ment shall be at least three feet six inches high, and the em-
bankment eighteen inches high; and all stone fences made upon
the ground shall be at least four feet high from the surface of
the ground.

1886, ch. 401.

126. Nothing contained in the preceding section shall be con-
strued to extend to other than outside fences.

Ibid

127. H any live stock of any kind or description whatsoever,
shall break into any person's enclosure (the same being of the
height and sufficiency prescribed in the preceding section), the
owner of such live stock shall be liable to make good all suck
damage to the owners of such enclosures as shall be awarded by
two or more judicious persons who may view the same, under
oath made before some justice of the peace in said county; the
said damages to be recovered in the manner prescribed by law
for the recovery of small debts; provided, that upon the trial
before any justice of the peace for damages at the instance of
either party, the justice of the peace shall issue subpoena for such
witnesses as either plaintiff or defendant may require; the pro-
visions of these three sections, 125, 126 and 127, to apply only
to election districts numbers two and eleven.

P. L L, (1860,) art. 21, sec. 97.

128. Whenever joint fences have been or may be established
in said county for the mutual benefit of different owners or posses-
sors of adjoining lands, each party shall keep in good repair his
just proportion thereof in the manner following: all post and rail
or plank fences shall be at least four feet and a half high; all
stone fences shall be at least four feet high; and all worm or
other fences shall be at least five feet high; the height in every
case to be computed from the ground or base of any embank-
ment upon which said fence may be placed.