JOHN LEE CARROLL, ESQUIRE, GOVERNOR. 405
|
CHAPTER 256.
|
|
|
AN ACT to regulate the fences in Tangier and
|
|
|
Dames' Quarter Districts, in Somerset county.
|
|
|
SECTION 1. Be it enacted by the General Assembly
|
|
|
of Maryland, That all fields and other grounds kept
for enclosure in Tangier and Dames' Quarter Dis-
|
All grounds
shall be fenc'd
|
|
tricts, in Somerset county, shall be fenced with post
|
|
|
and rail, or plank, or with a worm fence, made of
|
|
|
good and substantial rails, at least four feet high
|
Height of
|
|
from the ground to the top of the highest rail, and
|
fences.
|
|
the first or under rail, in post and rail or plank or
|
|
|
worm fences shall not exceed in distances 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, nevertheless, shall be
|
|
|
eighteen inches high ; and if any live stock of any
|
|
|
kind or description whatever shall break into any
|
Shall break
|
|
persons enclosure, the enclosure of which shall be
|
into.
|
|
fences of the above description and proportions, then
|
|
|
the owner or owners of such live stock shall be liable
|
Owner shall
|
|
to make good all such damages to the owner of such
|
be liable.
|
|
enclosures as shall be found and awarded by two or
|
|
|
more judicious persons, to be appointed by a justice
|
|
|
of the peace of one of the said districts 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 a return thereof before the justice of the
|
Shall make
|
|
peace by whom they were appointed ; and these said
|
return.
|
|
damages to 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
|
|
