ART. 14.] KENT COUNTY. 665

and second, and not more than five between the second and third
rails; and all worm or other fences shall be five feet high; the
height of said fences to be in every case computed from the ground
or base of any embankment upon which it may be erected.

92. If either of the parties so making or keeping a joint fence,
shall not comply with the provisions of the last aforegoing sec-
tion, and shall refuse or neglect to repair the said fence within
twenty days after notice in writing shall be given him, his agent,
tenant or overseer, any justice of the peace, upon proof of such
notice, may, by warrant under his hand and seal, authorize the
party aggrieved to repair or construct said fence.

93. The party making such repairs or constructing said fence,
and the party upon whose refusal or neglect, they were made,
shall each select a person to assess the costs and expenses of the
same, and if the party neglecting to repair or construct, shall
also refuse to make such selection, the party aggrieved may,
after ten days' notice in writing to the refusing party, his agent
or overseer, or left at his usual place of abode, select two sensible .
and discreet persons with power, in case of disagreement, to call
in an umpire to value and assess, under oath, the costs and ex-
penses aforesaid, and their award, under their hands and seals,
shall be final and conclusive, and the party in whose favor it is
made, may recover the same in the same manner as other debts
of a like amount.

94. Whenever joint fences are made and kept in repair accord-
ing to the provisions of section 91st of this article, the party
aggrieved or likely to be injured, instead of pursuing the remedy
provided in the two sections last preceding, may discontinue the
said joint fence, upon giving three months' notice to the default-
ing party, his overseer, tenant or agent. In all other cases (un-
less by mutual consent) twelve months' notice shall be required
to discontinue any joint fence.

95. If any person not having his grounds enclosed with such
sufficient fence as aforesaid, shall hurt, kill or do any damage to
any horse, sheep, hogs, or any kind of cattle belonging to any
other person, or cause the same to be done, he shall make good
all such damages sustained thereby, to the owner or owners
of such stock, as shall be awarded by two respectable disin-
terested freeholders of the vicinity, under their oath, who may
be summoned to view the same, by the respective parties into-