WM. T. HAMILTON, ESQUIRE, GOVERNOR.

585

to the provisions of this act, it shall be also law-

ful for the party aggrieved or likely to be injured,

instead of pursuing the remedy above allowed, to

discontinue the said fence, by giving three months'

Discontinue
fence.

notice in manner aforesaid; and in all other cases

(unless by mutual 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 enclosed lands in the part of the district

aforesaid, by trespassing live stock of any kind or

description whatsoever, the said person or persons

so valuing or assessing the said damages, shall in-

Inspect and

spect and examine into the state and condition of

examine.

the enclosure of the land upon which the said

trespass or damage shall be alleged to have been

done or committed, and if the said enclosure shall

not be good and sufficient, according to the true

intent and meaning of this act, he or they shall

not make out any award or assess any damages

whatever.

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

action of trespass, quare clausam fregit, or legal

powers of any kind hereafter to be sued out or

commenced, to recover damages for trespass upon

land in said portion of said district by any kind

or description of live stock, the defendant or de-

fendants may plead the general issue and give the

Damages for

special matter in evidence under this act, and the

trespass.

plaintiff or plaintiffs in each and every suit shall

be non-suited and mulcted in costs whenever it

shall be clearly proven, by legal and competent

testimony, that the lands, wherever the said tres-

pass shall be alleged to have been done or com-

mitted, was not enclosed according to the pro-

visions of this act.

SEC. 7. And be it enacted, That this act shall take

When effec-

effect on the first day of May, eighteen hundred

tive.

and eighty-two.

Approved May 8, 1882