Year: 1878

SEC. 30. All fIeills ~ 5tifef j.ISnnsis 1s,,t


fer enclosure ~ Gar lett county sil b. fehc-


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 embanlkment on which
the same is or NAV be Uuilt, and the width
between the rails or planks comprising the
fence shall be such Us 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 alf
brush fences made upon an emban kment to
be at least three feet high prOCided, the EN-
banKment be eighteen inches high and pro-
rtded that nothing contained in this act shall
be so construed as TO extend to other than


outside fence or fences between groprfetors,
ana II any live stock fany kind or deScrip
tion whatever, shall break into any persons
enclosure, the same being of the heighth and
suihcicncy Aforesaid then the owner or OWL
clS Oh such I'VE stock shall be liable to make
good all such damages to the owner or own
ers otSuch inclOsure as shall be found and
awarded by two or more judicious persons to
be appointed by n Justice of the Peace in said
county. said persons to review the same under
oath. ana make return before the Justice of
the Peace by wron TREY we're 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; pr0Uided,
nevertheless, upon trial before Justice OF.
ille l'tice IOf damages, at tllr instance Ot
either party, it shall be the duty OF said Jus
tiCe of the Peace to issue subpoena for srich


witnesses as 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 Of different
owners or persons OfadiOining lands, it shall
be the duty Of each party to keep up in good
repair his. her or their just ard respective


proport on 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 embank kment'
upon which said encc is or may be placed.


SEC - If either OF the parties so making


or keeping a joint fence shall not comply
with the foregoing provisions, and shall re
fuse or delay 10 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
| Justice of the Peace, in said county. ii shall
/ be lawful for said Justice of the Peace under


his hand ana seal to authorize the party
a9grieNed and suffering by such refusal or 98-


lay. to make or repair said fence as above re-
qulfed and for ST. doing he, she or they shall
! be reimbursed all cost and reasonable eX-
/ penSeS necessarily incurred to be recovered
! from the parry so refusing or delaying, in the
same manner rs debts of a like uniol'rt ~re
I now recoverable.


SEC. 81. IN case joint fences are not made
and kept in repairaccOrding to the provisions


of this act it shall be also lawful for the party
/ aggricved, or likely to be injured instead OF
| pursuing the remedy above allowed. to dis
| continue SAID fence by giving three mont h $
/ notice IN manner aforesaid; and in all other


cases, unless by mutual consent, twelve
months notice shall be required to discon-
'il"e any JIM ieHce'


SEC. IL. whenever any person or persons


snail under and by virtue OF this act or hnS
/ 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 trespasSlng live stock OF any Kind or
/ description whatsoever the said person OF
! persons so vauing or assessing said damages
! snail inspect and examine into the state ana
condition OF the enclosure OF the land upon


alleged TO have been done or committed, and