1827

LAWS OF MARYLAND,

CHAP. 149

protect any property which he may now have, or hereafter
acquire f ram the demand of his creditors,

CHAPTER 150.

Passed March 11,

1828.

A supplement to an act, entitled an act, regulating jences in
Charles and Allegany Counties passed at December Session,
eighteen hundred and twenty-six, chapter eighty -two.

Method of ascer-
taining & settling
damages by tres-
pass

SECTION 1 . Be it enacted by the General Assembly of Mary-
and, That from and after the passage of this act, it shall be
lawful in all cases where any horse or horses, hags, sheep, or
any kind of cattle shall break into any field or enclosed ground
in Charles county, and do damage therein, for the owner or
owners of such premises, to make complaint thereof to a jus-
tice of the peace, who shall summon two respectable disinte-
rested men of the neighborhood, to attend on the premises,
where such damage may have been done, at a time to be
stated in said subpoena; who after having been duly sworn or
affirmed, to decide justly and impartially in the matter submit-
ted to them, shall proceed to examine the fence or other enclo-
sure of such field or enclosed ground, and if in their opinion
the same be good and sufficient, then the owner or owners of
such horse or horses, hogs, sheep or cattle, shall be liable to
pay such damages as shall be agreed upon, and awarded by

Proviso.

the persons summoned as aforesaid: Provided, That the per-
sons summoned as aforesaid shall not agree as to the suffi-
ciency of the fence or enclosure, or as to the amount of
damages, that in such case it shall be the duty of the justice of
the peace upon application of the party or parties interested,
to summon a third person, who shall qualify as herein btlore
directed, and the decision of any two of the persons thus sum-
moned, shall be final.

Fences adjoining-
remedy in case ei-
ther owner neglects

SEC. 2, And be it enacted, That whenever any person or
persons have joined, or shall join fences, for their mutual
benefit and advantage, it shall be obligatory on each of the
parties, to keep up and in good repair, his, her or their respec-
tive portions thereof, and if any one of the owners or posses-
sors upon the request of the other shall refuse or neglect to
make or repair the said fence or fences within twenty days
after notice shall have been given, that then upon proof there-
of before a justice of the peace, it shall be lawful for the said
justice to order the person aggrieved and suffering thereby,
to repair the said fence or fences, who shall be reimbursed his
costs and expenses, to be recovered in the same manner as is
or shall be prescribed by law, for the recovery of debts.

Redress when
stock is injured by

owners of land not
legally enclosed

SEC, 3, And be it enacted, That whosoever not having their
grounds enclosed with such sufficient fence as aforesaid,
shall empound, hurt, kilt or do damage to any hurst, sheep,
hogs or any kind of cattle belonging to any other person or
persons, or cause the same to be done, shall make good all