768

LAWS OF MARYLAND.

How high.

for the mutual advantage of owners of adjoining
arable lands, each shall keep in good repair his
respective proportion thereof in the manner follow-
ing, that is to say : All post and rail or plank
fences shall he 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 or
delay.

Sec. 148. And be it enacted, That if either of the
parties making or keeping a joint fence between
arable or enclosed lands shall refuse or delay to
repair his proportion 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, author-
ize the party aggrieved to repair said fence, and
for so doing he shall he reimbursed all costs and
reasonable expenses necessarily incurred, to be re-

May recover.

covered from the party so refusing and delaying,
in the manner debts of a like amount are recover-
able, and he shall have a lien on the adjacent arable
lands or farm of the person who shall have refused
or delayed to make and repair said fence, so as to
secure the reimbursement of the cost and expenses
of such making and repairing, in the event of the
transfer of said land; provided, the proceedings to

Lien.

enforce such lien be commenced by the party or his
representatives within two years next after such
repair shall have been done.

Aggrieved —
redress.

Sec. 149. 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 pre-
scribed in the said fence, upon giving three months
notice in writing to the party refusing or delaying,
his agent or tenant, and in all other cases, unless
by mutual consent, twelve months notice shall be
required to discontinue any joint fence.

In force.

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

Approved April 4, 1870.