FRANK BROWN, ESQUIRE, GOVERNOR.

721

CHAPTER 517.

AN ACT to repeal section one hundred and eight of the

Code of Public Local Laws, article twenty, title " Somer-

set County," sub-title "Fences," and to re-enact the same

to read as follows.

SECTION 1. Be it enacted by the General Assembly of

Maryland, That section one hundred and eight of article

Repealed
and

twenty, title "Somerset County," sub-title "Fences," is

re-enacted.

hereby repealed and re-enacted so as to read as follows :

108. All fields and other grounds kept for enclosure in

Mount Vernon and Tangier district, except that part of

Tangier district which comprises Deal's Island, as the same

Mount
Vernon

is now surrounded by water, shall be fenced with post and

and
Tangier

rail, or plank, or with a worm fence made of good and sub-

district.

stantial rails, at least four feet high from the ground to the

top of the highest rail, and the first or under rail, in post

and rail, or plank, or worm fences, shall not exceed in

distance five inches from the ground or embankment upon

which the same may be built, and the width between the

rails or planks of which the fence may be built shall be

such as is usual in the construction of fences of this kind,

and all brush fences made upon the surface of the ground

shall be at least four feet high, and all brush fences made

upon an embankment of earth thrown up upon the ground

shall be at least three feet high, the embankment, never-

theless, shall be eighteen inches high ; if any live stock of

any kind or description whatever shall break into any

person's enclosure, the enclosure of which shall be fences of

the above description and proportions, then the owner of

such live stock shall be liable to make good all such dam-

Damages.

ages to the owner of such enclosures as shall be found

and awarded by two or more judicious persons, to be

appointed by a justice of the peace of the district where the

enclosure so trespassed upon shall be located, which said

persons shall view the place after having been sworn to

value and assess the damages truly as they shall to them

appear; and after having so viewed the damages and

assessed the same, under oath, they shall make return

thereof before the justice of the peace by whom they were

appointed, and then said damages shall be recovered in

the same manner that is prescribed by law for the collection

of other judgments upon the docket of a justice of the peace ;

provided nevertheless, that upon the trial thereof before a

justice of the peace, for the damages, at the instance of

either the plaintiff or defendant, it shall be the duty of the

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