ROBERT M. McLA-NE, ESQUIRE, GOVERNOR.

419

be built, and the width between the rails or planks

comprising the fence shall be such as is usual in the

construction of good post and rail plank or worm

fences; and all brush fences made upon the ground

to be at least four feet high, and all brush fences made

upon an embankment to be at least three feet high,

provided the embankment be eighteen inches high ;

and provided that nothing contained in this act shall

be so construed as to extend to other than outside

fence or fences between proprietors; and if any live

stock, of any kind or description whatever, shall break

into any person's enclosure, the same being of the

height and sufficiency aforesaid, then the owner or

owners of such live stock shall be liable to make good

Who liable for

all such damages to the owner or owners of such en-

damages.

closure as shall be found and awarded by two or more

judicious persons, to be appointed by a justice of the

peace in said county, said persons to view the same,

under oath, and make return before the justice of the

peace by whom they were appointed, and the said

damages to be recovered in the same manner that is

or shall be provided by law for the recovery of small

Damages — how

debts; provided, nevertheless, upon trial before a jus-

recovered.

tice of the peace for damages, at the instance of either

party, it shall be the duty of said justice of the peace

to issue a subpoena for such witness as either plaintiff

or defendant may require; provided that the provi-

sions of this act shall not apply to or be applicable to

any fence now or hereafter to be enacted of post and

wire, or post and part wire, and post, plank or rail, as

required by law to be erected in certain places in

said county.

SEC. 2. And be it enacted, That this act shall take

Effective.

effect from the date of its passage.

Approved April 8, 1884.