JOHN LEE CARROLL, ESQUIRE, GOVERNOR. 709

menced in any of the districts herein provided for,
to recover damages for trespass upon land, by any
kind or description of live stock, the defendant or
defendants may plead the general issue and give the	May plead
special matter in evidence under this act, and the	general issue
plaintiff or plaintiffs in each and every suit shall be
nonsuited and mulcted in costs wherever it shall be
clearly proven by legal and competent testimony
that the land, wherever the said trespass was com-
mitted, was not enclosed according to the provisions
of this act ; but nothing in this act shall be construed
or held to authorize any justice of the peace to have
jurisdiction in any case where the title to land is in-
volved.
SEC. 7. And be it enacted. That on the day for
holding the election in November, eighteen hundred and seventy-eight, the judges of election in the above named election districts in Somerset county, to wit; Brinkley's, Lawson's and Hungary Neck Districts,	Election- bow conduct- ed
shall receive tickets, written or printed, from the
legal voters in said districts, on which shall be
written or printed, " For fence," or " Against fence,"
and shall deposit them in a separate box provided for the purpose, and the said tickets shall be counted
and returned as other ballots are counted and re-
turned, and the result shall be certified by said
judges, as other elections are certified, to the clerk
of the Circuit Court for Somerset county, whose duty
it shall be to proclaim the result by publication in	Result to be
at least one newspaper in the county, within ten	published.
days after the returns shall have been received by
him; and the same notice shall be given by the
sheriff of these elections as is required in other
elections ; and the said election shall in all respects
be subject to and governed by the election laws of
this State, so far as they are applicable thereto.
SEC. 8. And be it enacted, That if at said elections
provided for in the preceding sections a majority of
the votes in either of the said election districts shall
be cast " For fence," then the provisions of this act
shall continue in force in any of the several districts	How opera-
in which the majority of the votes so cast was cast	tive.
in favor of the fence ; and if a majority of the votes
be cast " Against fence," in any one of the above
named election districts, then the provisions of this