104

LAWS OF MARYLAND.

Refuse or de-

comply with the foregoing provisions and shall re-

lay to repair.

fuse or delay to make or repair the said fence within

Notice in

twenty days after notice in writing shall be given to

writing.

said party, his agent, overseer or tenant, then upon

Lawful to au-

proof before a justice of the peace, it shall be lawful

thorize.

for the said justice of the peace, under his hand and

seal, to authorize the party aggrieved and suffering

by such refusal, or delay to make or repair the said

fence as above required, and for so doing he, she or

Reimbursed

they, shall be reimbursed all costs and reasonable

all costs.

expenses necessarily incurred, to be recovered from

the party so refusing or delaying, in the same man-

ner as debts of a like amount are now recoverable.

SEC. 4. And be it enacted, That in case joint

fences are not made and kept in repair according to

the provisions of this act, it shall be also lawful for

Discontinue

the party aggrieved or likely to be injured instead of

joint fence.

persuing the remedy above allowed, to discontinue

the said fence by giving three months notice in man-

Notices.

ner aforesaid, and in all other cases (unless by mu-

tual consent) twelve months notice shall be required

to discontinue any joint fence.

SEC. 5. And be it enacted, That whenever any

person or persons shall, under and by virtue of this

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

Assess the

upon to value and assess the damages done upon en-

damages.

closed lands in the part of the districts aforesaid, by

trespassing live stock of any kind or description

whatsoever, the said person or persons so valuing or

Shall inspect
and examine

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

Not make

act, he or they shall not make out any award or as-

award.

sess any damages whatever.

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

of trespass qua/re clausam fregit, or legal powers of any

kind hereafter to be sued out or commenced, to re-

Recover dam-
ages.

cover damages for trespass upon land in said portion
of said district by any kind or description of live

May plead.

stock, the defendant or defendants may plead the