The Republican. [volume] (Oakland, Md.) 1877-current, 1884-05-17
PUBLIC LOCAL La ".
NJ a 4ssssnJ CHAPTER 305.

~ ,-S~npHAPTER 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 IAN act to add an additional
article to the Code of Public Local
Laws, to be entitled Garrett coun-
ty,' subj title Fences"
SECTION l. Be 1t enacted by the General
Assembly OF Mary land, Thatsub-section thir-
ty of the acts of the general assembly, passed
at the session of eighteen hundred and seven
ty-eight, entitled "Anact TO add an additional
article to the Code of Public Local Laws TO he
entitled Garrett county, subtitle Fences"
be and the same is hereby repealed and re-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 raj; and all worm fences, not
staked and ridered, shall be at least four and
one-half feet high to the top of the upper rail
ana 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 may be built, and the
width between the rails or planlSS comprising
the fence shall be such as is usual in the con-
structlon OF good post and rail plank worm
fences and all brush fences made upon the
ground to be at least four feet high and all
brush fencss made upon an embankmenttob 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
ence or fences between prOprietorS: and if
any live stock, of any kind or description
whatever, shall break into any persons en-
closure, the same being of the height and Sutfi-
cheney aforesaid, then the owner or owners Of
such live stock shall be liable to make good
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-
~, 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
manner that is or shall be provided by law
N p the recovery of small debts; provided
levertheleSs, upon trial before Justice of the
pace for damages, at the instance of either
III lrty, it shall be the duty of said Justice ofthe
sace to issue a subpoena for such witness as
ither plaintiff or defendant may require;
Irovided that the provisions of this act shall
iot apply to or be applicable to any fencenow
: reatter TO be erected of posi- and wire, Or
II ysCaEid part wire, and post, plank or rail, as
required by law to be erected in certain places
I'm said county.
h SEC. 2. And be IL enacted, That this act
thall take effect from the date of its passage.
Y Approved April Sth, 1884
III We hereby certify. That the aforegoing is a
Sorrect copy of an Act of the General Assem-
Wy of Maryland, passed January Session, 1884.
THOS. H.. MOORE,
ChiefClerk of the House OF Delegates.
j. NJ. MILLER,
Secretary of the Senate.