WILLIAM T. HAMILTON, ESQUIRE, GOVERNOR. 385
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ary fences in the district aforesaid, and not to any
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person's internal fences upon his own property.
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SEC. 2. And be it enacted, That whenever joint
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fences have been, or hereafter may be established in
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said election district for the mutual benefit or ad-
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vantage of different owners or possessors of adjoin-
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ing lands, it shall be the duty of each party to keep
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Keep in good
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up in good repair his, her or their just and respective
proportion thereof in manner following, that is to say,
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repair.
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all post and rail or plank fence shall be of the
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heights above prescribed, the height in every case to
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be computed from the ground or bank, if any em-
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bankment upon which said fence is or may be
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placed.
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SEC. 3. And be it enacted, That if either of the
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parties so making or keeping a joint fence shall not
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comply with the foregoing provisions, and shall re-
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fuse or delay to make or repair the said fence within
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twenty days after notice in writing shall be given
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to said party, his agent, overseer or tenant, then,
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upon proof before a justice of the peace, it shall be
lawful for the said justice of the peace, under his
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Reimburse.
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hand and seal, to authorize the party aggrieved and
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suffering by such refusal or delay, to make or repair
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the said fence as above required, and for so doing he,
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she or they shall be reimbursed all costs and reason-
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able expenses necessarily incurred, to be recovered
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from the party so refusing or delaying, in the same
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manner as debts of a like amount are now recover-
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able.
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SEC. 4. And be it enacted, That in case joint
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fences are not made and kept in repair according to
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the provisions of this act, it shall also be lawful for
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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
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Discontinue
fence.
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manner aforesaid, and in all other cases (unless by
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mutual consent) twelve months' notice shall be re-
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quired to discontinue any joint fence.
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SEC. 5. And be it enacted, That whenever any
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person or persons shall, under and by virtue of this
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