HENRY LLOYD, ESQUIRE, GOVERNOR

the work has been satisfactorily done, shall
entitle the party interested to the amount
specified in the award, or any part thereof,
which may be recovered of the owner as other
debts are recovered; provided, if the owner
of said land is a non-resident of the county,
or is absent therefrom, the service of sum-
mons upon the tenant, overseer or other rep-
resentative shall not be a sufficient service

183

upon the owner, and the party making or re-
pairing said division fences shall not be en-
titled to compensation therefor, unless notice
shall have first been served upon said non-
resident or absent owner according to section
two of this act.

SEC. 6. And be it enacted, That if any owner,
his tenant, overseer or other representative

Non-resident.

having an interest in any joint division fence
shall fail to make or keep in repair his part
thereof, he shall not be entitled to damages
on account of any trespass through said part
by stock belonging to another joint owner, his
tenant, overseer or other representative; and
if said owner or other person shall kill, maim
or otherwise wilfully injure such stock, he
shall, upon conviction, pay the full value of
said stock with cost of suit; but in all other
cases of trespass, the party trespassed upon
shall be entitled to recover from the owner
of the stock the amount of damages done by
such trespass as is provided for by law, except

Not entitled
to damages.

that if the stock so trespassing shall enter
through its owner's enclosures, the party maim-
ing, killing or otherwise injuring said stock
shall be entitled to prove the amount of dam-
age done by such stock in mitigation of the
damage for the killing and maiming thereof.

Entitled to
damage.

SEC. 2. And be it enacted, That this act shall
take effect from the date of its passage.

Approved April 1, 1886.

Effective.