DANIEL MARTIN, ESQUIRE, GOVERNOR.

1828

ments they may direct, and when so assembled they shall
have power from time to time to appoint a president, treasur-
er and secretary, and to do all and every other thing or
matter necessary for the government and discipline of the
said institution and management of its affairs.

CHAP. 100.

Sec. 6. And be it enacted, That any five or more of the
said trustees shall be, and are hereby declared to be, a quo-
rum, and are hereby empowered to meet from time to time
in said academy or school, or any other place in the neigh-
bourhood of the said seminary, previously designated by the
said trustees at their last meeting, and when so assembled
may, in the absence of the ether trustees who do not attend,
do any act, matter or thing, which the whole number of
trustees, or a quorum of them, might do, were they pre-
sent or attending, any thing or any law to the contrary not-
withstanding.

Any five trustees

a quorum empow-

ered to transact

business

CHAP. CI.

A Further Supplement to an act regulating Fences in
Charles and Allegany Counties, passed at December
Session eighteen hundred and twenty-six, chapter eigh-
ty-two.

Passed Mar 3, 1829

Sec. 1. Re it enacted by the General Assembly of Ma-
ryland, That no action of trespass, quare clausum fregit,
hereafter commenced, shall be adjudged to be maintained or
supported by evidence, that any defendant in such action, or
any horse, cow, hog, or other domestic animal, belonging to
such defendant, passed on or over any waste or uninclosed
land in Charles and Kent counties, or by proof that any
such animal trod down or eat the grass or herbage, or root-
ed up or disturbed the soil or earth, on any such waste or
Uninclosed lands, and the defendants in any such action may
plead the general issue, and give this act and the special mat-
ter in evidence.

No action of tres-
pass &c hereafter
commenced shall
be adjudged to be
maintained by evi-
dence &c

Sec. 2. And be it enacted, That it shall not be lawful for
any person to distrain any horse, hog, or other beast, da-
mage feasant, upon any waste or uninclosed land in Charles
and Kent counties.

Not lawful for

persons to distrain

any horse, &c

Sec. 3. And be it enacted, That partition fences between
the adjoining fields of different proprietors, shall be made
and repaired by the parties respectively, owning or occupy-
ing the fields, at their joint and equal expense, and upon fail-
ure of either party to make or repair his or her respective
proportion of such fence, or to pay his equal share of the
cost thereof, the party so failing or neglecting shall be an-
swerable for his proportion of the cost of making or repair-
ing such fence, to the other, in an action of debt, to be re-
covered before a justice of the peace in the manner prescrib-

Partition fences

ed for the recovery of small debts out of court; Provided,

Proviso