JOHN LEE CARROLL, ESQUIRE, GOVERNOR. 407
|
any law of this State, be summoned or called upon
|
Duty of per-
|
|
to value and assess the damages done upon any en-
closure in either of the two districts aforementioned
|
son sum'oned
to assess dam-
|
|
by trespassing live stock of any kind or description
|
ages.
|
|
whatever, the said person or persons so valuing or
|
|
|
assessing the 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
|
|
|
have been alleged to have been done or committed ;
|
|
|
and if said enclosure shall not be such as is herein-
|
|
|
before described he or they shall not make out any
|
|
|
award or assess any damages whatever.
|
|
|
SEC. 6. Be it enacted, That in all cases of action
|
In all cases
|
|
for trespass, quare clausum fregit or legal proceed-
|
of action for
|
|
ings of any kind, hereafter to be sued out or com-
|
trespass.
|
|
menced in either of the two districts herein provided
|
|
|
for, to recover damages for trespass upon land by
|
|
|
any kind or description of live stock, the defend-
|
|
|
ant or defendants may plead the general issue and
|
|
|
give the special matter in evidence under this act ;
|
|
|
and the plaintiff or plaintiffs in each and every suit
|
|
|
shall be non-suited and mulcted in cost whenever it
|
Non-suited
|
|
shall be clearly proven by legal and competent tes-
|
and mulcted.
|
|
timony that the land wherever the said trespass was
|
|
|
committed was not enclosed according to the pro-
|
|
|
visions of this act.
|
|
|
SEC. 7. Be it enacted, That the judgment, as-
|
Judgment
|
|
sessment and report of the two persons herein-
|
shall not be
|
|
before provided for, to be appointed by the justice
|
final.
|
|
of the peace, shall in no case be taken and held to
|
|
|
be conclusive and final, but either party on trial shall
|
|
|
be at liberty and have the right to produce witnesses
to maintain or controvert all matters at issue in the
|
|
|
case, and the court before which the case is to be de-
|
|
|
termined shall give such judgment upon all the evi-
|
|
|
dence as may seem right and proper, and nothing in
|
Nothing in
|
|
this act contained shall be taken or considered as
|
this act.
|
|
giving jurisdiction to any justice of the peace to
|
|
|
hear and determine any cause wherein the title of
|
|
|
land is concerned.
|
|
|
SEC. 8. And be it enacted, That this act shall
|
In force.
|
|
take effect from the date of its passage.
|
|
|
Approved April 5, 1878.
|
|
