JOHN LEE CARROLL, ESQUIRE, GOVERNOR

533

CHAPTER 304.

AN ACT to repeal chapter forty-six, of the acts of

the General Assembly of Maryland, passed in eigh-

teen hundred and seventy-four, relating to "fenc-

ing" in Worcester county, except so far as the same

relates to the first election district, and to enact

the following in lieu thereof:

SECTION 1. Be it enacted by the General Assembly of

Maryland, That chapter forty-six, of the act passed

Repealed and
re-enacted.

in eighteen hundred and seventy-four, regulating

"fences" in Worcester county, except so far as the

same relates to the first election district, be and the

same is hereby repealed, and the following enacted

in lieu thereof, but not to apply to the first election

district of said county :

SEC. 2. And be it enacted, That partition fences be-

tween the adjoining fields of different proprietors,

Partition

established by mutual consent, shall be made and

fences.

repaired by the parties respectively owning or occu-

pying the adjoining fields, at their joint and equal

expense; and upon failure of a party to make or re-

pair, and keep in good order, his proportion of such

fence, or to pay his equal share of the cost thereof,

he shall be answerable for his proportion of the cost

and expense of making the same in an action of debt

before any justice of the peace for said county; pro-

Proviso.

vided, that such fence be constructed or repaired out

of the usual materials, and in the usual manner, and

that the party desiring such repair to be made shall

give to the joint proprietor of the fence at least thirty

days' notice notice of such repair being necessary,

and of his intention to make it before proceeding to

do so.

SEC. 3. And be it enacted, That whenever it shall

cease to be the interest of any person, part owner of

Give notice of

any partition fence, to continue such fence, he may

removal.

give to the person or persons jointly interested in

keeping up such fence, sixty days' notice of his in-

tention to discontinue such fence, and may at the

expiration of that time, take down and remove his