384

LAWS OF MARYLAND.

.

inches high, and the first plank or rail thereof shall

be not more than four inches from the ground ; the

space between the second plank or rail shall not ex-

ceed five inches, and there shall not be a space be-

tween any plank or rail exceeding eight inches ; and

if any live stock of any kind or description whatever-

shall break into any person's enclosure, the same be-

ing the height and sufficiency aforesaid, then ther

owner or owners of such stock shall be liable to make

Penalty for

good all such damages to the owner or owners of

trespassing.

such enclosure as shall be found and awarded by two

or more judicious persons, to be appointed by any

justice of the peace in and for the said election dis-

trict, the said persons to view the same under oath

and make return before the justice of the peace by

Damages —

whom they were appointed ; and the said damages

how recover-

may be recovered in the same manner as is now, or-

ed.

hereafter may be provided by law for the recovery

of small debts, together with the costs of the proceed-

ings, including a fee of fifty cents to each assessor

appointed by the justice to assess said damages, and

also including a reasonable compensation to the

May im-

pound.

owner or owners so trespassed upon, for the keeping
of such trespassing stock ; if it shall be impounded, the-

same also to be found under oath by the assessors to be

appointed as aforesaid; and any owner of such alleged

trespassing stock, or owner of such land so as afore-

Right of ap-

said trespassed upon, shall have the right of appeal

peal.

to the Circuit Court for Dorchester county, from the

judgment of the justice of the peace as in other cases.

provided by law ; provided that a hedge fence, or any

other kind of fence that shall, in the judgment of

the assessors appointed to value the damages, be

sufficient to turn or keep out live stock, shall be con-

sidered a sufficient and legal fence within the mean-

ing of this section ; and provided that nothing in this

How con-

act contained shall be construed to prevent any per-

strued.

son having a sufficient fence as hereinbefore provided,
from impounding, &c., any trespassing live stock as

now provided by law, only as a part of his proceed-

ings; any person in said district so trespassed upon

and having a sufficient fence as aforesaid, shall have

the sufficiency of his fence passed upon as herein

provided, before proceeding to sell the stock im-

pounded by him ; and provided that the provisions

of this act shall only apply to outer fences and bound-