FERRIES.

1365

fence or fences, after twenty days notice shall have been given

to him, her or them, by the person or persons aggrieved, he,

she or they, may apply to a justice of the peace of said county,

who is hereby authorized, upon proof of the notice aforesaid, to

appoint two respectable freeholders, living near and not related

to, the said litigant parties, whose duty it shall be to examine

the said division fence or fences, and to fix the amount which,

in their judgments, may be necessary to make or repair the one-

half or portion of the said division fence or fences ; and the said

freeholders are hereby empowered, in case they differ in opinion,

to appoint a third person as umpire, and it shall be their duty,

under their hands and seals, to make out their award, verified

by affidavit, and deliver a copy of the same to the said justice

of the peace, and to each party interested, within five days after

determining on said award ; and if the party owning that part or

portion of the division fence or fences, required to be made or

repaired by the decision of the said freeholders, shall fail to

make or repair the same, according to the provisions of this act

within thirty days after the service of said award, then it shall

and may be lawful for the other party who has his, her or their

portion of said division fence or fences in good order, to proceed

to make or repair said fence or fences, the expense whereof

shall not exceed the amount fixed by said award ; and as soon

as the fence or fences shall be made or repaired in conformity

with this act, and so certified by the freeholders aforesaid, or any

one of them, then such person or persons shall be entitled to

recover from the party neglecting or refusing as aforesaid, the

amount expended, in the same manner as other small debts are

now by law recovered, where the amount of damages awarded

as aforesaid does not exceed the sum of fifty dollars.

SEC. 3. And be it enacted. That if any person or persons

Penalty on

shall fail to make or keep in good repair his part of said divi-

persons
failing to

sion fence or fences, as directed by this act, and shall maim,

keep his

kill, or otherwise injure, any description of stock found on his,

part of
fence in

her or their enclosures, he, she or they shall, upon conviction,

repair.

pay to the owner or owners thereof the full value of such stock,

with costs of suit, and in case the damages claimed or laid shall

not exceed fifty dollars, the same shall be recovered before a

justice of the peace, in the same manner as other small debts are

now recovered.

FERRIES.
A SUPPLEMENT to the ACT, entitled, an additional Supplement to the
Act, entitled, an Act to regulate Public Ferries. — 1824, ch. 109.

Be it enacted, by the General Assembly of Maryland, That
the justices of the levy court of Anne Arundel county are hereby
vested with all the powers and authority given to the county

Levy court
empowered
to contract.