540

LAWS OF MARYLAND.

fences shall be at least four feet and a-half high ;
stone fences four feet high, and all worm or other
fences shall be at least five feet high, and. the dis-
tance, in any case, to be computed from the ground
or base of any embankment on which the same may
be placed.

Refuse to
repair.

Sec. 348. And be it enacted, That if either of
the parties making or keeping a joint fence between
arable lands shall refuse or delay to repair his pro-
portion thereof within twenty days after notice in
writing, given to him or his agent, upon proof thereof
before a Justice of the Peace, the Justice may, under
his hand and seal, authorize the party aggrieved
to repair said fence, and for so doing he shall be
reimbursed all costs and reasonable expenses ne-
cessarily incurred, to be recovered from the party
so refusing and delaying in the manner debts of a
like amount are recoverable, and he shall have a
lien on the adjacent arable land or farm of the
person who shall have refused or delayed to make
and repair said fence, so as to secure the reim-
bursement of the costs and expenses of such
making and repairing in the event of the transfer
of said land ; provided, the proceedings to enforce
such lien be commenced by the party or his repre-
sentatives within two years next after such repair
shall have been done.

Keep in
repair.

Sec. 349. And be it enacted, That if joint fences
are not made and kept in repair according to the
provisions of this law, the party aggrieved or
likely to be injured, instead of pursuing the remedy
prescribed in the preceding Section, may discon-
tinue the said fence upon giving three month's
notice in writing to the party refusing or delaying,
his agent or tenant, and in all other cases, (unless
by mutual consent, twelve month's notice shall be
required to discontiue any joint fence.

In force.

Sec. 2. And be it enacted, That this Act shall
take effect from the date of its passage.

Approved March 30, 1868.