A. W. BRADFORD, ESQUIRE, GOVERNOR.

297

Sec. 6. But if the said freeholders shall find
that the said fence, or any part thereof, the mak-
ing or repairing of which is sought to be enforced,
would be of no use or benefit to the party refusing
by reason of its lying contiguous to uninclosed or
waste lands, or for any other reason, they shall so
report in their award; and no one shall be re-
quired to make or repair more than one-half of
such fence, as shall be to him necessary.

To report in
their award.

Sec. 7. If any person 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 oh account of any trespass, through said
part, by stock belonging to the other joint owner
of the fence; and if he shall kill, maim, or other-
wise injure such stock, he shall, upon conviction,
pay to the owner thereof the full value of such
stock, with costs of suit.

Injury to stock

Sec. 8. In all other cases of trespass by stock,
the party trespassed upon shall be entitled to re-
cover from the owner of the stock trespassing the
amount of damages done by such trespass, as
other debts are now recovered; but if the party
trespassed upon shall kill, maim, or otherwise
wilfully injure the stock trespassing, he shall for-
feit his right to recover; but in case of prosecu-
tion for such killing or maiming, he shall be en-
titled to prove the amount of damage done by such
stock, in mitigation of damages for the killing or
maiming.

Entitled to
recover.

Sec. 9. Each freeholder acting under the pro-
visions of this act, shall be entitled to two dollars
per day for each day he shall be so employed, one-
half of which shall be paid by each party inter-
ested.

Per diem.

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

In force.