JOHN LEE CARROLL, ESQUIRE, GOVERNOR. 707

person's enclosure, the enclosure of which shall be
fences of the above description and proportions,
then the owner or owners of such live stock shall be	Liability of
liable to make good all such damages to the owner	owners of
of such enclosure as shall be found and awarded by two	stock
or more judicious persons, to be appointed by a jus-
tice 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 peace
by whom they were appointed, and these said dam-	Damages —
ages to be recovered in the same manner that is pre-	how recover-
scribed by law for the collection, of other judgments	able.
upon the docket of a justice of the peace ; provided,
nevertheless, that upon the trial thereof before a
justice of the peace for damages, at the instance of
either the plaintiff or defendant, it shall be the duty
of the said justice of the peace to issue a subpoena for such witnesses as either plaintiff or defendant
may require ; provided, nevertheless, that such assess-
ment of damages by said two persons so appointed
by said justice shall not be deemed and taken as
conclusive, but either party shall be at liberty to
controvert the same, and such judgment shall be
given as upon the whole evidence shall seem to be
right and proper.
SEC. 2. And be it enacted, That where joint fences
have been, now are, or may hereafter be established
in any of the three named districts in said county,
for the mutual benefit of different owners or possessors of adjoining lands, it shall be the duty of each party	Keep fences in good repair
to keep in good repair his, her or their just propor-
tion respectively thereof, in the manner now pre-
scribed, to wit : All fences of whatever kind shall
be four feet high at least, the height in every case to
be computed from the ground to the top of the upper
rail, whether the fence be placed upon the level
earth or upon an embankment.
SEC. 3. And be it enacted, That if either of the
parties so making or keeping a joint fence shall not
comply with the foregoing provisions, and shall re-
fuse or delay to make or repair said fence, where it