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HENRY LLOYD, ESQUIRE, GOVERNOR
grounds kept for enclosure in Dames' Quarter
District, in Somerset county, shall be fenced
with posts and rails, plank, or with a worm
fence made of good and substantial rails, at
least four feet high from the ground to the
top of the highest rail, and the first or under
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695
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rail in post and rail or plank or worm fences
shall not exceed in distance five inches from
the ground or embankment upon which the
same may be built, and the width between the
rails or planks of which the fence may be
built shall be such as is usual in the con-
struction of fences of this kind; but if built
of wire, it shall be four feet high, the bottom
wire to not 'exceed eight inches from the
ground, and the second wire from bottom
shall not exceed ten inches, and remainder to
be fifteen inches apart; and if any live stock
of any kind or description whatever, shall
break into any person's enclosure, the en-
closure of which shall be fences of the above
description and proportions, then the owner
or owners of such live stock shall be liable to
make good all such damages to the owner of
such enclosure as shall be found, and awarded,
by two or more judicious persons, to be ap-
pointed by a Justice of the Peace of the said
district where the enclosure so trespassed upon
shall be located, which said person shall view
the place after having been sworn to value
and assess the damages truly as they shall to
them appear; after having so viewed the dam-
ages and assessed the same under oath, they
shall make a return thereof 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
collections of other judgments upon the docket
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Fines.
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of a Justice of the Peace; provided, neverthe-
less, that upon the trial thereof before a Jus-
tice of the Peace for damages, at the instance
of either the plaintiff or defendant, it shall be
the duty of the said Justice of the Peace to
issue a subpoena for such witnesses as either
plaintiff or defendant may require; provided,
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Damages,
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