The Republican. [volume] (Oakland, Md.) 1877-current, 1878-04-13
FENCES.

SEC, 30. All fields and other grounds kept
for enclosure in Garrett county shall be ienc-
ell With post and rail-; or plank or worm
fences made Of good and substantial rails at
least four feet high from the ground to the
top Of the upper rail- and all worm fences not
st8ked and ridered shall be at least five
feet high to the top of the upper rail and the
first or under rail in post, and rail or plank
or worm fences shall not exceed five inches
from the ground or embankment on which,
the same is or mar be built, and the width
between the rails or planks comprising the
fence shall be such as Is Usual IN THE constttrc-
ton of good post and rail, PLANK or Worm
fences, and all brush fences made upon the
ground to be at least four feet high, and all
brush fences made upon an embankment to
be at least three feet high provided. the en-
bankment be eighteen inches high and pro-
Uided that nothing contained in this act shall
be SO construed as to extend to other than
outside fence or fences between proprietors
and ifany live stock ofany kind or descrip-
tion whatever, shall break into any persons
enclosure, the same being of the hefghth and
sufliciency aforesaid then the owner or own
ers OF such live stock shall be liable to make
good all such damages to the owfler or OWN
ers ofsuch inclOsure us shall be found and
awarded by two or more iudcious persons to
be appointed by Justice of the Peace in said
county. said persons to review the same under.
oath, and make return before the Justice of
the Peace by whom they were appointed, and
the said damages to be recovered In the same
manner that Is, or shall be provided by law
for the recovery OF Small debts; provided;
nevertheless, upon trial before q Justice Of
the Peace for daInages, at the instance OF
either party, 1t shall be the duty Of said Jpss7
tice Of the Peace to fsShe subpoena for sltch
witnesses as either plaintiff or defendant
may require.
SEC. 81. Whenever Joint fences have been
or may be established ip said county for the
mutual benefit and Advantage Of different
owners or persons of ad joifiing lands tt shall
be the duty of each party to Keep TIP in good
repair his, her or their just ard respective
proportion thereof IN manner following, that
is to say: that all post and rail or plank
fences shall be four feet high and all worm
and other fences shall be at least five feet
high, the height In every case TO be computed
from the ground or base of any embankment
upon which said ieuce is or may be placed.
SEC. -, If either OF the parties so making
or keepinga Joint fence shall not comply
with the foregoing provisions, and shall re-
fuse or delay TO make or repair such fonce
within twenty days after notice in writing
shall be given to said party, his agent, over
seer or tenant, then upon proof thereof before
a Justice of the Peace, In said county, IL shalt
be lawful for said Justice of the Peace, Under
his hand ana seal to authorize the party
aggrieNcd and suffering by such refusal or de.
lay, to make or rcpai said fence as above res
quired and for SO doing, he, SHE or they shall
| he reimbursed all cost and reasonable ex7
penses necessarily incurred, 70 be recovered
/ from the parry so refusing or delaying, in the
same mannerIas debts Of a like am0iint are
now recoverable.
SEC. -, IN case Joint fences are not made
and Kept in repair according to theprbSisiohs
of this act, It shall be alsolawftt for the party
aggrievcd or likely TO be injured instead OF
pursuing the remedy above allowed. to dis
continue said fence by giving three months
notice in manner aforesaid and in all other
cases, unless by mutual consent, twelve
| months notice shall be required to tiiscou-
tinuc any Joint fence.
SEc,A, Whenever any person or persons
shall under and by virtue OF this act or an v
| law In this state, be summoned or called
upon to value and assess the damages done
upon any enclosed land in the county afore-
said, by trcspassing live stock any knd ar
description whatsoever the said pcrs on or
persons so Valuing or assessing said damages
shall inspect and examine int0thc state ana
condition OF tire enclosure OF the tand itpot