708

LAWS OF MARYLAND.

is mutually beneficial, within twenty days after no-
tice in writing shall have been given to said party,

or his agent, his overseer or tenant, then, upon proof
thereof before a justice of the peace of one of the

said districts, it shall be the duty of the justice of

the peace, under his hand and seal, to authorize the

Rights of ag-
grieved party

party so aggrieved and suffering by such refusal or
delay, to make or repair such fence as above required,

and for so doing he, she or they shall be reimbursed

all costs and reasonable expenses necessarily incurred,

to be recovered from the party so refusing or delay-

ing in the same manner as debts of a like amount

are now recoverable.

SEC. 4. And be it enacted, That 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 injured, instead

How to dis-

of pursuing the remedy above allowed, to discontinue

continue

the said fence by giving three months' notice in the

manner aforesaid ; and in other cases, unless by mu-

tual consent, twelve months' notice shall be required

to discontinue any joint fence.

SEC. 5. And be it enacted, That whenever any

person or persons shall under 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 any of the districts aforemen-

tioned, by trespassing live stock of any kind or de-

scription whatsoever, the said person or persons so

valuing or assessing the said damages shall inspect

and examine into the state and condition of the en-

closure of the land upon which the said trespass or

damages shall have been alleged to have been done

or committed, and if the said enclosure shall not be

such as is hereinbefore described, he or they shall

Evidence

not make out any award or assess any damages

may be con-

whatever, but either party may controvert the evi-

troverted.

dence and opinion of said person or persons by other

witnesses, and such judgment shall be given upon

the whole evidence, as to the justice or the court, as

the case may be, seems right and proper.

SEC. 6. And be it enacted, That in all cases of

action for trespass quare clausum fregit, or legal

process of any kind hereafter to be sued out or com-