ART. 23.] FENCES. 2055

covered from the party so refusing or delaying, in the same man-
ner as debts of a like amount are now recoverable.

1873, ch. 11.

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

Ibid.

45. Whenever any person, under and by virtue of section 41,
shall be summoned or called upon to value and assess the
damages done upon any enclosed land in Wicomico county, by
trespassing live stock of any kind or description whatsoever, 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 damages shall be alleged
to have been done or committed; and if the said enclosures shall
not be good and sufficient, according to the true intent and
meaning of section 41, he shall not make out any award or assess
any damages whatever.

Ibid.

46. In all actions of trespass quare clausum fregit, or legal
proceedings of any kind sued out or commenced, to recover
damages for trespass upon lands in said county, by any kind or
description of live stock, the defendant may plead the general
issue and give the special matter in evidence, and the plaintiff, in
each and every suit shall be non-suited and mulcted in costs
wherever it shall be clearly proven, by legal and competent
testimony, that the lands upon which said trespass shall be
alleged to have been done or committed were not enclosed
according to the provisions of section 41.

1886, ch. 285. 1888, ch. 440.

47. The provisions of this sub-title of this article shall not
apply to the fourth, fifth, eighth and ninth election districts of
Wicomico county.