666 CAROLINE COUNTY. [ART. 6.

fences shall be at least four feet and a half high, and all worm
fences at least five feet high, in every case to be computed from
the ground or base of any embankment on which said fence may
be placed.

P. L. L., (1860,) art. 6, sec. 87.

136. If either of the parties 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 his proportion of such joint
fence within twenty days after notice in writing shall be given
to him, or his 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 to make or repair said fence,
and for so doing he shall be reimbursed all costs and reasonable
expenses, to be recovered from the party so refusing or delaying
in the same manner as debts of a like amount are recoverable.

Ibid sec. 86.

137. In cases in which joint fences are not made or kept in
repair according to the directions of section 135 of this sub-title
of this article, the party aggrieved, instead of pursuing the remedy
prescribed by the preceding section, may discontinue such joint
fence, after giving three months' notice in writing to the party,
his agent or overseer; in all other cases (unless by mutual con-
sent) twelve months' notice shall be given to discontinue any joint
fence.

Ibid, sec 80.

138. In all suite or actions brought to recover damages for
trespass upon any land in said county by any kind of live stock,
the defendant may plead the general issue and give the special
matter in evidence, and the plaintiff shall be nonsuited whenever
it shall be clearly proven that the lands whereon the trespass,
is alleged to have been done were not enclosed according to this
sub-title of this article.

FISH.
1874, ch. 466.

139. It shall not be lawful for any person, with the exception
of bona fide resident voters of Caroline, Dorchester and Talbot
counties, and they shall first obtain permission of the occupants or