1948 WASHINGTON COUNTY. [ART. 22.

P. L. L., (1860,) art. 21, 8ec. 98.

129. If either of the parties so making or keeping a joint
fence, shall not comply with the provisions of the preceding
section, and shall refuse or delay to make or repair the said fence
within twenty days after notice in writing shall be given to him
or his agent, overseer or tenant, upon proof thereof before a
justice of the peace, the said justice may, under his hand and
seal, authorize the party aggrieved by such refusal or delay, to
make or repair the said fence as above required, and for so doing,
he shall be reimbursed all costs and reasonable expenses neces-
sarily incurred, to be recovered from the party so delaying or
refusing, in the same manner as debts of like amount are recover-
able.

Ibid sec 99.

130. If joint fences are not made and kept in repair according

to the provisions of section 128 of this sub-title of this article, the
party aggrieved, instead of pursuing the remedy prescribed in the
preceding section, may discontinue said fence by giving three

months' notice in writing to the party refusing or delaying to
make or repair the same, or his tenant, overseer or agent; in all

other cases (unless by mutual consent) twelve months' notice shall
be required to discontinue any joint fence.

Ibid. sec. 100.

131. Whenever any person shall, under and by virtue of this
law or any law of this State, be summoned or called upon to value

and assess the damage done upon any enclosed land in said county
by the trespassing of live stock of any kind and description what-
ever, they shall inspect and examine into the state and condition
of the enclosure of the land upon which the said trespass or dam-
ages shall be alleged to have been done or committed; and if the

enclosures shall not be good and sufficient, according to the pro-
visions of section 128 of this sub-title of this article, they shall
not assess any damages whatever.

Ibid sec. 101.

132. In all actions and suits to recover damages for trespass
upon lands in said county, by any kind of live stock, the defend-
ant may plead the general issue and give the special matter in

evidence; and the plaintiff shall be non-suited whenever it shall