HENRY LLOYD, ESQUIRE, GOVERNOR.
also lawful for the party aggrieved or likely

697

to be injured, instead of pursuing the remedy
above allowed, to discontinue said fence by
giving three months' notice in the manner
aforesaid; and in other cases, unless by mutual
consent twelve months' notice shall be required
to discontinue any joint fence.

SEC. 5. And be it enacted, That whenever
any person or persons shall, under and by vir-
tue of this act, or any law of this State, be
summoned or called upon to value and assess
the damages done upon any enclosed land in
said district aforementioned by trespassing of
live stock of any kind or description whatso-
ever, the said person or persons so valuing or
assessing said damages shall inspect and ex-

Discontinue.

amine into the State and condition of the
enclosure of the land upon which the said tres-
pass or damages shall have been alleged to
have been done or committed; and if the said
enclosure shall not be such as is hereinbefore
described, he or they shall not make out any
award or assess any damages whatever, but
either party may controvert the evidence and
opinion of said person or persons by other wit-
nesses, and such judgment shall be given upon
the whole evidence as to the Justice or the
Court, as the case may be, seems right and
proper.

SEC. 6. And be it enacted, That in all cases
of action for trespass quare clausum fregit or
legal process of any kind hereafter to be sued
out or commenced in said district herein pro-
vided for, to recover damages for trespass upon
land by any kind or description of live stock,

Inspect and
examine.

the defendant or defendants may plead the
general issue and give the special matter in
evidence under this act, and the plaintiff or
plaintiffs in each and every suit shall be non-
suited and mulcted in costs wherever it shall be
clearly proven by legal and competent testi-
mony that the land, whenever the said tres-
pass was committed, was not enclosed accord-
ing to the provisions of this act; but nothing

May plead

general issue.