774

LAWS OF MARYLAND.

Repealed.

one hundred and three, one hundred and four, one
hundred and seven and one hundred and eight of
the Public Local Laws of Baltimore County relat-
ing to fences be repealed, and the following sec-
tions be enacted in lieu thereof.

Fence — line of

102. Be it enacted, That when the lands of any
two persons adjoin, each of them shall make and
maintain one-half of the whole length of the line
of fence between them, and if either of said per-
sons shall fail or neglect to make his proportion of
said fence, or to keep or put the same in good
repair within sixty days after he shall have been
notified and requested to do so in writing, then the
party making said request may make or repair
said fence at the expense of the party so neglecting
or refusing, to be recovered from him. in an action
of debt, with cost of suit.

Refuse or
neglect.

103. Be it enacted, That should any person wish
to fence in any land which has hitherto been unen-
closed, after having built his proportion of said
fence, he shall give the party whose land adjoins
his, notice in writing that he must erect his pro-
portion of said fence within sixty days, and if the
party so notified shall fail to erect his proportion
of said fence, the same remedy as given in the
preceding section shall apply.

How to pro-
ceed.

104. Be it enacted, That before proceeding, how-
ever, to make or repair the fences mentioned in
the two preceding sections, the person who has
given the notification in writing shall apply to a
Justice of the Peace of the county, who, upon
affidavit of the party that he has given such
notice, and that said fence has not been erected or
repaired within the time specified, shall summon
three disinterested landholders, who shall view
the said fence and shall determine the proper
amount of money to be expended in erecting or
repairing the said fence in a good and substantial
manner, and said inquisition shall be put in writ-
ing, and the party erecting or repairing such fence
shall not expend more than said sum.

How high.

107. Be it enacted, That the fences to be made
or kept in repair shall be at least four feet high,
and shall be sufficiently close to prevent hogs from
pressing through the same; provided, said fence
be not within five miles from the city of Baltimore.