JOHN LEE CARROLL, ESQUIRE, GOVERNOR. 103

	made of good and substantial rails ; the said rail and
	log fence shall at least be five feet high from the I	Height.
	ground to the top of the upper rail, and the space
	between the said rails and logs from the ground, for
	two feet, shall not exceed four inches, and the next
	eighteen inches upwards not to exceed six inches, and
	the balance of the five feet not to exceed eight
	inches ; the plank fence shall be three feet and ten
	inches high, the first plank shall be three inches from
	the ground, the space between the bottom plank and
	second plank four inches, between second and third
	plank four and a half inches, between the upper
	plank and the one below it ten inches, and if any live	Live stock
	stock of any kind and description whatsoever shall
	break into any person's enclosure, the same being of
	the height and sufficiency aforesaid, then the owner
	or owners of said live stock shall be liable to make	Liable to
	good all such damages to the owner or owners of	damages.
	such enclosure, as shall be found and awarded by	Award by ju-
	two or more judicious persons, to be appointed by a	dicious per-
	justice of the peace for said county, the said persons	sons.
	to view the same under oath and make return before
	the justice of the peace before whom they were ap-
	pointed ; and the said damages to be recovered in	How recov-
	the same manner that is or shall be provided by law	ered.
	for the recovery of small debts, provided neverthe-
	less, upon the trial before any justice of the peace
	for damages, at the instance of either party, it shall
	be the duty of said justice of the peace to issue a	Justice to is-
	suppoena for witness as either plaintiff or defendant	sue subpoena.
	may require
	SEC. 2. And be it enacted, That whenever joint	Joint fences.
	fences have or may be established in said Meekin's
	Neck for the mutual benefit or advantage of dif-
	ferent owners or persons of adjoining lands, it shall	Duty of each
	be the duty of each party to keep up in good repair	party.
	his, her or their just and respective porportion there-
	of in manner following, that is to say ? all post and
	rail or plank fence shall be of the heights above pre-
	scribed, the height in every case to be computed	Height to be
	from the ground or bank, if any embankment upon	computed
	which said fence is or may be placed.
	SEC. 3. And be it enacted, That if either of the
	parties, so making or keeping a joint fence, shall not