80

LAWS OF MARYLAND.

CHAPTER 101.

AN ACT to compel all persons owning land bordering on and ad-

joining the tract of land in the "Great Swamp" of Anne

Arundel county, known as the "Common," to construct and

keep in good repair their fences dividing their property from

the said common.

SECTION 1. Be it enacted by the General Assembly of Maryland,

That all persons owning land adjoining the tract of land situate

in the "Great Swamp" of Anne Arundel county, known as the

"Common," shall construct and keep in good repair their fences

dividing their land from said "Common," and if such fences are

made of posts and rails, shall be at least four feet high from the

surface of the ground, and of good material; the average distance

between the two lowest rails not to exceed four inches, and the

lowest rail not to be more than four inches from the surface of

the ground, and if a worm fence, to be made of good and sub-

stantial rails, staked and ridered, and at least five feet high from

Fences.

the surface of the ground to the top of the upper rail, and if any

person shall fail to keep in good repair his or her fence, as herein

provided, and shall maim, kill or otherwise injure any stock

found on his or her premises or enclosure, and entering thereon

through such defective fence, the person so offending shall upon

conviction thereof, before a justice of the peace, be fined not less

than one dollar nor more than ten dollars, together with the costs

of prosecution, and shall stand committed until such fine and

costs are paid, and shall also pay to the owner thereof, the full

value of such stock and costs of suit, and shall forfeit all right

to recover damages for any trespass so committed upon his or her

premises by any stock so entering thereon.

Effective.

SEC. 2. And be it enacted, That this act shall take effect from

the date of its passage.

Approved March 14, 1890.