The Republican. [volume] (Oakland, Md.) 1877-current, 1878-03-30
FENCES.

SEC. 30. All fields and other grounds kept
for enclosure i'll Garrett county shall be fenc-
ed 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
staked and ridercd 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 NAV be built, and the width
between the rails or planks comprising the
fence shall be such as is usual in the construc-
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 prorided 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 If any live stock ofany kind or dcscrip-
ton whatever, shall break into any persons
enclosure, the same being of the heighth and
sutficiency aforesaid then the owner or own
erS of such live stock shall be liable to make
good all such damages to the owner or own
ers of such Enclosure as shall be found and
awarded by two or more judicious 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 proutded,
nevertheless, upon trial before Justice of
the Peace for damages, at the instance OF
either party, it shall be the duty of said JUS
tice of the Peace to issue a subpoena for such
witnesses either plaintiff or defendant
may require.
SEC. 81 Whenever Joint fences have been
or may be established in said county for the
mutual benefit and advantage II differ mt
owners or persons Ofadjoining lands ii shall
be the duty of each party TO keep up in good
repair his, her or their just ard respective
propoyt on thereof, in manner following, that
is to say: that all post and rail or plank
fences shall be tour feet high, and all worm
and Other fences shall be at least five feet
high, the height in every case TO be computed
from Che ground or base of any embankment
upon which said ience is or may be placed.
SEC. %. If either OF the parties SO making
or keeping II joint fence shall not comply
with the foregoing provisions, and shall re-
fuse or delay to make or repair such fence
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, it shah
be lawful for said Justice of the Z ace, under
his hand ana seal to authorize the party
aggricN ed and suffering by such refS al or de-
lay, to make or repair said fence as above re-
quired and for so doing he, she or they shall
be reimbursed all cost and reasonable OK
penSes necessarily incurred, to be recovered
from the parry 50 refusing or delaying, in the
same manner as debts of a like amount are
now recoverable.
SEC. 80. In case joint fences are not made
ana kept IN repair according To inc provisions
of this act it shall be also lawful for the party
aggrieved, 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 discon-
tinue any joint fence.
SEC. -. Whenever any person or persons
shall under and by virtue of this act or any
law In this State, be summoned or called
upon to value and assess tlle damages done
upon any enclosed land in the county afore-.
said by trespassing live stock of any kind or
description whatsoever the said person or
persons so valuing or assessing said damages:
shall inspect and examine into the state and
condition of the enclosure Of the land upon
which the said trespaSS or damages shall be
alleged to have been done or committed and
ifthe said enclosure shall not be good and
sufficient according to the true intent and
meaning of this act, he or they shall not
make out award or assess any damages what
ever.
IS. In all cases of action by trespass quare
ctouSnna fregtt, or legal process of any kind
hereafter TO be sued out or commence to re-
cover damages for tresspass upon lands in
said county by any kind or description of live
stock the defendant or defendants may plead
the general issues and give the special matter
in evidence under this act, an he plaintiff or
plaintiffs in each and every su shall be nom
suited and mulcted in costs whenever IL shall
be clearly proven by legal and competent
trespass shall be alleged to have been done
or committed were not enclosed according to-
the provisions of this act.
30. 1t shall not be lawful for any person in.
Garrett county to impound any horned or
black cattle, sheep or hogs, unless the same
shall be trespassing within an enclosure sur
rounded by good and substantial fence at
least four feet high.
81. Ifany person shall beat, dog. bruise, or
in any manner injure any horned or black
cattle sheep or hogs, the owner or tenant of
the property wherein such damage shall be
done shall be'liable for an action OF damages
for the injury to he full amount of the actual
damages to be estimated by two'disinterested
recovered before any Justice of the peace Of
the county and II either party shall refuse to
appoint an appraiser of such damage for the
space of five days from the injury done any
justice of the peace may appoint in his stead