ROBERT M. McLA.NE, ESQUIRE, GOVERNOR.

197

more judicious persons, to be appointed by a justice of

the peace of the said district 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 return thereof

Make return.

before the justice of the peace by whom they were

appointed, and these said damages to be recovered in

the same manner that is prescribed by law for the

collection of other judgments upon the docket of a

justice of the peace; provided, nevertheless, that upon

the trial thereof before a justice of the peace for the

damages, at the instance of either the plaintiff or de-

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

peace to issue a subposna for such witnesses as either

plaintiff or defendant may require.

SEC. 2. And be it enacted, That when joint fences

have been now or may hereafter be established in the

district hereinbefore mentioned in said county for the

mutual benefit of different owners or possessors of

adjoining lands, it shall be the duty of each party to

Each party

keep in good repair his, her or their joint properties

to keep joint
fence in order.

respectively thereof, to wit : All fences of whatever

kind shall be four feet high at least, the highest in

every case to be computed from the ground upon

which the fence rests 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 refuse

or delay to make or repair said fence where it is mu-

tually beneficial, within twenty days after notice in

writing shall have been given to said party or his

agent, overseer or tenant, thereupon proof thereof

before a justice of the peace of the said district, it

Time allowed
for repairing;

shall be the duty of the justice of the peace, under his

joint fences.

hand and seal, to authorize the 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 delaying, in the same manner

as debts of a like amount are now recoverable.