FENCES.

1091

costs and expenses shall be assessed hy two discreet, sensible
individuals, one to be selected by each party, and in case of
the neglect or refusal of the party so neglecting to rcpnir or
construct, then it shall and may be lawful for the party ag-
grieved, after ten days notice in writing shall be given to such
refusing party, his agent, or overseer, or left at the usual place
of his abode, to select two sensible and discreet individuals,
with power in case of disagreement to call in an umpire, to
value and assess under oath the said costs and expenses, and
which amount of damages so assessed and certified to, under
their hands and seals, shall bo final and conclusive, any law or
usage to the contrary notwithstanding.

SEC. 3. And be it enacted, That in case joint fences are not
made and kept in repair according to the provisions of this act,
it shall be also lawful for the party aggrieved or likely to be
injured, instead of pursuing the remedy allowed by this act,

Or discon-
tinuance
authorized.

to discontinue the said joint fence upon giving three months
notice in manner aforesaid, and in all other cases (unless by
mutual consent) twelve months notice shall be required to
discontinue any joint fence.

Legal no-
tice for
discontinue.

SEC. 4. And be it enacted. That whosoever, not having their
grounds enclosed with such sufficient fence as aforesaid, shall
hurt, kill, or do damage to any horse, sheep, hogs, or any
kind of cattle belonging to any other person or persons, or
cause the same to he done, shall make good all such damages
sustained thereby to the owner or owners thereof, as shall be
awarded by two respectable disinterested men of the vicinity,
under their oath or affirmation, who may be summoned to view
the same by the respective parties interested, and in case of

Damage
to stock.

their disagreement, it shall be lawful for the referees to call in
a third person, who shall qualify as above required, and the
decision of any two of them shall be final, the said damages to
be recovered in the same manner as is, or shall be prescribed
for the recovery of small debts.

Mode of
assecesing
and re-
covering.

SEC. 5. And be it enacted, That each freeholder who shall
be called on to value and assess the damages, shall be allowed
for his services one dollar per day ; the fees of officers for du-
ties performed under this act, shall be the same as allowed by
law for similar duties in cases of debt.

Compensa-
tion.

SEC. 6. And be it enacted, That the act passed at December
session, eighteen hundred and thirty-three, chapter forty-
seven, and all other laws or parts of laws inconsistent with
or repugnant to the provisions of this act, so far as the same
relate to Kent county, be, and the same are hereby repealed.

JURORS.
1820, ch. 117, see 'Charles County,' title 'Jurors,' ante page 1857.

Repeat.