ART. 24.] FENCES. 2135

fence as above required, and for doing so, he shall be re-imbursed
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.

1874, ch. 46.

99. In case joint fences are not made and kept in repair
according to the provisions of the two preceding sections, in said
first district, 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 dis-
continue any joint fence.

Ibid.

100. Whenever any person shall, under and by virtue of sec-
tion 96, be summoned or called upon to value and assess the dam-
ages done upon any enclosed land, in said first district in said
county, by trespassing live stock of any kind or description what-
ever, 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
enclosure shall not be good and sufficient, according to the true
intent and meaning of said section 96, he shall not make ont any
award or assess any damages whatever.

Ibid.

101. In actions of trespass or legal process of any kind sued
out or commenced to recover damages for trespass upon lands, in
said first district 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, where it shall be
clearly proven, by legal and competent testimony, that the lands,
wherever the said trespass shall be alleged to have been done or
committed, were not enclosed according to the provisions of sec-
tions 96 and 97.