JOHN LEE CARROLL, ESQUIRE, GOVERNOR. 15T

	closure, the same being of the height and sufficiency
	aforesaid, then the owner or owners of such live
	stock shall be liable to make good all such damages	Liable to
	to the owner or owners of such enclosure as shall be	damages.
	found and awarded by two or more judicious persons, to be appointed by a justice of the peace in said coun-
	ty said person to view the same under oath, and
	make return before the justice of the peace by whom
	they were appointed, and the said damages to be re-	How recov-
	covered in the same manner that is or shall be pro-	ered.
	vided by law for the recovery of small debts ; pro-
	vided, nevertheless, upon trial before a justice of the
	peace for damages, at the instance of either party,
	it shall be the duty of said justice of the peace to is-
	sue a subpoena for such witness as either plaintiff or
	defendant may require.
	31. Whenever joint fences have been or may be	Joint fences.
	established in said county for the mutual benefit and
	advantage of different owners or possessors of adjoin-
	ing lands, it shall be the duty of each party to
	keep up, in good repair, his, her or their just and
	respective proportion thereof, in manner following,
	that is to say : that all post and rail or plank fences
	shall be four feet high, and all worm and other fences
	shall be at least five feet high, the height in every	Height to be
	case to be computed from the ground or base of any	computed.
	embankment upon which said fence is or may be
	placed.
	32. If either of the parties so making or keeping
	a joint fence shall not comply with, the foregoing
	provisions, and shall refuse or delay to make or re-	Refuse or
	pair such fence within twenty days after notice in	delay.
	writing shall be given to said party, his agent, over-
	seer or tenant, then upon proof thereof before a
	justice of the peace in said county, it shall be lawful
	for 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 said fence as
	above required, and for so doing he, she or they shall
	be reimbursed all cost and reasonable expenses	Reimbursed
	necessary incurred, to be recovered from the party	all costs.
	so refusing or delaying in the same manner as debts
	of a like amount are now recoverable.