76

LAWS OF MARYLAND.

CHAPTER 64.

AN ACT regulating fences in Lake's, Straights
and Drawbridge Districts of Dorchester County.

SECTION 1. Be it enacted by the General Assembly
of Maryland, That all fields and other grounds
kept for enclosure in Lake's, Straights and Draw-
bridge Districts of Dorchester County, shall be

Fences.

fenced with posts and rails, or planks, or worm
fence well staked and ridered, 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 ridered, shall be at least five
feet high from the ground to the top of the upper
rail, and the first or under rail, in post and rail or

How built.

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 comprising the fence shall be such as is
usual in the construction of good post and rail,
plank or worm fences; and all brush fences made
upon the surface of the ground, to be at least four
feet high, and all brush fences made upon an em-
bankment to be at least three feet high; provided,
the embankments 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 if any
live stock of any kind or description whatsoever,
shall break into any person's enclosure, the same

Damages.

being of the height and sufficiency 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
appointed by a Justice of the Peace in said County,
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 prescribed by law for the recovery of small

Proviso.

debts; provided, nevertheless, upon the trial before
any Justice of the Peace for damages, at the in-
stance of either party, it shall be the duty of said
Justice of the Peace, to issue a subpoena for such
witness as either plaintiff or defendant may re-
quire.