386

LAWS OF MARYLAND.

act or any law of this State, be summoned or called

Assess dam-

upon to value and assess the damages done upon

ages.

enclosed lands in the part of the district aforesaid,

by trespassing live stock of any kind or description

whatsoever, the said person or persons so valuing or

assessing the said damage shall inspect and examine

into the state and condition of the enclosure of the

land upon which the said trespass or damage 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 this act,

he or they shall not make out any award or assess

any damages whatever.

SEC. 6. And be it enacted, That in all cases of

action of trespass quare clausam fregit or legal

powers of any kind hereafter to be sued out or com-

menced, to recover damages for trespass upon land

in said portion of said district by any kind or de-

scription of live stock, the defendant or defendants

Plead general

may plead the general issue and give the special

issue.

matter in evidence under this act, and the plaintiff

or plaintiffs 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, whenever the said trespass shall be

alleged to have been done or committed, were not

enclosed according to the provisions of this act.

SEC. 7. And be it enacted, That this act shall

When effec-

tive

take effect on the first day of July, eighteen hun-

dred and eighty.

Approved April 10, 1880.