158

LAWS OF MARYLAND.

33. In case joint fences are not made and kept in

repair according to the provisions of this act, it shall

be also lawful for the party aggrieved or likely to be

Discontinue
fence.

injured, instead of pursuing the remedy above
allowed, to discontinue said fence, by giving three

months notice in manner aforesaid, and in all other

cases, unless by mutual consent, twelve months no-

tice shall be required to discontinue any joint fence.

Value and

34. Whenever any person or persons shall under

assess.

and by virtue of this act or any law of this State be

summoned or called upon to value and assess the

damages done upon any enclosed land in the county

aforesaid, by trespassing live stock of any kind or

Inspect and
examine.

description whatsoever, the said person or persons so
violating or assessing said damages shall inspect and

examine into the state and condition of the enclosure

of the land upon which the said trespass or damages

shall be alleged to have been done or committed,

and if the said enclosure shall not be good and suffi-

cient according to the true intent and meaning of

this act, he or they shall not make out award or

assess any damages whatever.

Action of

35. In all cases of action of trespass quare clausum

trespass.

fregit or legal process of any kind hereafter to be

sued out or commenced to recover damages for

trespass upon lands in said county, by any kind or
description of live stock, the defendent or defendents

may plead the general issues and give the special

matter in evidence under this act, and the plaintiff

Non suited.

or plaintiffs in each and every suit shall be non-suited
and mulcted in costs wherever it shall be clearly

proven by legal and competent testimony that the

lands whereon the said trespass shall be alleged to

have been done or committed were not enclosed ac-

cording to the provisions of this act.

36. It shall not be lawful for any person in Gar-

rett county to impound any horned or black cattle,

Not lawful
to impound.

sheep or hogs, unless the same shall be trespassing
within an enclosure surrounded by a good and sub-

stantial fence at least four feet high.

37. If any person shall beat, dog bruise, or in

Beat, dog

any manner injure any horned or black cattle, sheep

bruise.

or hogs, the owner or tenant of the property whereon