JAMES THOMAS, ESQUIRE, GOVERNOR.

1834

ten days notice in writing shall be given to such refusing
party, his agent, or overseer, or left at the usual place of
his abode, to select two sensible and discreet individuals,
with power in case of disagreement to call in an umpire to
value and assess under oath the said costs and expenses, and
which amount of damages so assessed and certified to, un
der their hands and seals shall be final and conclusive, any
law or usage to the contrary notwithstanding

CHAP. 154

Sec 3 And be it enacted, That in case joint fences are
not made and kept in repair according to the provisions of
this act, it shall be also lawful for the party aggrieved or
likely to be injured, instead of pursuing the remedy allow

Or discontinuance
authorised

ed by this act, to discontinue the said joint fence upon giv-
ing three months notice in manner aforesaid, and in all other
cases (unless by mutual consent) twelve months notice snail
be required to discontinue any joint fence

Legal notice for

discontinue

Sec 4 And be it enacted, That whosoever, not having
their grounds enclosed with such sufficient fence as afore-
said, shall hurt, kill, or do damage to any horse, sheep,
hogs, or any kind of cattle belonging to any other person

all such damages sustained thereby to the owner or owners
thereof, as shall be awarded by two respectable disinterest-
ed men of the vicinity under their oath or affirmation, who
may be summoned to view the came by the respective par-
ties interested, and in case of their disagreement, it shall be

Damage to stock

lawful for the referees to call in a third person, who shall
qualify as above required, and the decision of any two of
them shall be final, the said damages to be recovered in the
same manner as is, or shall be prescribed for the recovery
of small debts

Mode of assessing

and recovering

Sec 5 And be it enacted, That each freeholder who
shall be called on to value and assess the damages, shall be
allowed for his services one dollar per day, the fees of offi-
cers for duties performed under this act, shall be the same
as allowed by law for similar duties in cases of debt

Compensation

Sec 6 And be it enacted, That the act passed at De-
cember session, eighteen hundred and thirty three, chapter,
forty seven, and all other laws or parts of laws inconsistent
with or repugnant to the provisions of this act so far as the
same relate to Kent county, be and the same are hereby re-
pealed

Repeal