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LAWS OF MARYLAND.

SEC. 4. And be it enacted, That in case joint fences

are not made and kept in repair, according to the pro-

visions of this act, it shall be also lawful for the party

aggrieved, or likely to be injured, instead of pursuing

Discontinue

fence.

the remedy above alluded to, to discontinue the said

fence, by giving three months' notice in manner afore-

said; and in all other cases, unless by mutual consent,

twelve months shall be required to discontinue any

joint fence.

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

son or persons shall, under and by virtue of this act,

or any laws of this state, be summoned or called upon

to value and assess the damages done upon any enclos-

ure in the aforementioned district, by trespassing live

stock of any kind or description whatever, the said

Value and as-
sess damages.

person or persons so valuing or assessing the said dam-
ages shall inspect and examine into the state and con-

dition of the enclosure of the land upon which the

said trespass or damage shall have been, alleged to

have been done or committed; and if said enclosure

shall not be such as hereinbefore described, he or they

shall not make out any award or assess any damage

whatever.

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

for trespass, quare clausun freget, or legal proceedings
of any kind hereafter to be sued out or commenced

in the district 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

Damages — how

recovered.

general issue, and give the special matter in evidence,

tinder this act; and the plaintiff or plaintiffs, in each

and every suit, shall be non suited and mulcted in

cost, whenever it shall be clearly proven, by legal and

competent testimony, that the land, wherever the said

trespass was committed, was not enclosed according to

the provisions of this act.

SEC. 7. And be it enacted, That the judgment, as-

sessment and report of the two persons hereinbefore

provided for, to be appointed by the justice of the

peace, shall in no case be taken and held to be con-

Bight to pro-

clusive and final; but either party on trial shall be at

duce witnesses

liberty and have the right to produce witnesses to

maintain or controvert all matters at issue in the case,

and the court, before which the case is to be determ-

ined, shall give such judgment, upon all the evidence,

as may seem right and proper, and nothing in this