The Republican. [volume] (Oakland, Md.) 1877-current, 1884-05-24
PUBLIC LOCAL Id W.
CHAPTER 3O5.


AN ACT to repeal subsection thirty
of the acts of the general assembly,
passed at the session of eighteen
hundred and seventy.eight, EMIT.
led "An act to add an additional
article to the Code of Public Local
Laws, to he entitled Garrett coun-
ty,' sub title 'Fences.''
SECTION /. BE it enacted by the General
Assembly of Maryland That sub section thir-
ty of the acts of the general assembly, passed
at the session of eighteen hundred and seven
ty-eight, entitled Anact 10 add an additional
article to the Code of Public Local Laws, to be
entitled Garrett county subtitle Fences 1"
be and the same is hereby repealed and re-
enacted SO as to read as follows.
SEC. 81. All fields and other grounds kept
for enclosure in Garrett county shall be fenced
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
stalk ed and ridered, shall be at least four and
one-half 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 t1e ground or embankment on
which the same is or may be built, and the
width between the rails orplanks comprising
the fence shall be such as is usual in the con-
struction 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 fencSs made upon an embankment to be
at least three feet high provided the embank-
ment be eighteen inches high; and provided
that nothing contained in this act shall be so
construed as to extend to other than outside
fence or fences between prOprietorS; and II
any live stock, OF any kind or description
whatever, shall break into any persons en-
closure, the same being of the height and sutii-
cheney aforesaid, then the owner or owners of
such live stock shall be liable to make good
all such damages to the owner or owners OF
such enclosure as shall be found and awarded
by two or more judicious persons, to be APP
| pointed by Justice OF the peace in said coun-
| ty. said persons to view 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
| for the recovery of small debts provided
| peace for damages, at the instance Of either
party, 1t shall be the duty of said justice of the
| peace to Issue q subpoena for such witness as
either plaintiff or defendant may require
provided that the provisions of this act shall
not apply to orbe applicable to any fence now
or hereafter to be erected ofpost and wire, Oh
| post and part wire, and post plank or rail, as
| required by law to be erected in certain places
in said county.
SEC. 2. And he ~ enacted, That this ac
shall take effect from the date of its passage
| Approved April Sth, 1884,
We hereby certify, That the aforegoing is 9
correct copy of an Act OF the General Assem-
bly, OF Maryland, passed January Session 1884
| THOS. IT. MOORE,
| Chief Clerk Of the House OF Delegates.
| ]. NJ. MILLER,
! Secretary OF the Senate.