2034 WICOMICO COUNTY. [ART. 23.

struction of good post and rail, plank or worm fences; and all
brush fences, made upon the surface of the ground, shall be at
least four feet high, and all brush fences, made upon an embank-
ment, shall be at least three feet high; provided, the embank-
ment be eighteen inches high; and if any live stock of any kind
or description whatever shall break into any person's enclosure,
the same being of the height and sufficiency aforesaid, then the

owner of such live stock shall be liable to make good all such
damages to the owner of such enclosure, as shall be found and
awarded by two or more judicious persons to be appointed by a
justice of the peace in said county; said persons to view the same
under oath, and make return before the justice of the peace by
whom they were appointed; and the said damages shall be recov-
ered in the manner prescribed by law for the recovery of small
debts. This section shall not apply to Trappe district, otherwise
known as election district number seven.

1874, ch. 65. 1888, ch. 31.

42. Wherever joint fences have been, or may be established
in said county, for the mutual benefit and advantage of different
owners or possessors of adjoining land, it shall be the duty of
each party to keep in good repair his just and respective pro-
portion thereof, in manner following, that is to say: all fences of
whatever kind, shall be at least four feet high, the height in
every case to be computed from the ground or base of any
embankment, upon which said fences are or may be placed. This
section shall not apply to Trappe district, otherwise known as
election district number seven.

1872, ch. 11.

43. If either of the parties so making or keeping a joint fence
shall not comply with the foregoing provisions, and shall refuse
or delay to make or repair the said fence within twenty days
after notice in writing shall be given to said party, his agent,
overseer or tenant, then, upon proof thereof before a justice of the
peace in said county, it shall be lawful for the said justice of the
peace, under his hand and seal, to authorize the party aggrieved
and suffering by such refusal or delay, to make or repair the said
fence as above required, and for doing so he shall be reimbursed
all costs and reasonable expenses necessarily incurred, to be re-