924

LAWS OF MARYLAND.

so aggrieved may apply to any justice of the peace of said

county who, upon proof of notice aforesaid, shall appoint

three discreet and sound judging freeholders of said county

not related to either party to hear and determine all matters in

dispute connected with said fence.

140. The said freeholders, if they or a majority of them

Freeholders to
settle dispute

find that the making or repairing of said fence is for the mutual

advantage and protection of both parties, shall apportion to

each his just portion thereof and mark and bound the same,

and shall make out their award in writing, under their hands

and seals, verified by affidavit, require the recusant party to

make or repair his part of said fence by a day to be specified

in their award, and also giving their estimate of the cost of

making or repairing said fence, and shall deliver a copy of

said award to each party interested, or his agent, tenant or

other representative.

141. Each freeholder who shall be called upon to act under

Compensation

the preceding section of this sub-title of this Article shall

be entitled to two dollars and fifty cents per day for his ser-

vices, to be paid by the party aggrieved, and recoverable by

him as costs if the award of the examiners provided in

Sections 139 and 140 be in his favor and so provided.

142. If either of the parties keeping a joint fence between

Refusal or

arable lands shall refuse or delay to repair his proportion

delay in re-
pairing.

thereof within twenty days after the award made and given to

him or his agent, as aforesaid, upon proof thereof before a jus-

tice of the peace, the justice may, under his hand and seal,

authorize the party aggrieved to repair the fence, and for so

doing he shall be reimbursed all costs and reasonable expenses

necessarily incurred by him in and about the same, to be re-

covered from the party so refusing or delaying in the manner

debts of like amount are recoverable ; and said costs and ex-

penses shall be a first lien on the adjacent land or farm of the

person who shall have refused or delayed to make and repair

Proviso.

the fence ; provided the proceedings to enforce such lien be

commenced by the party or his representatives within two

months next after such repair shall have been done in the Cir-

cuit Court for Prince George's County in equity.

143. If any person having an interest in any joint division

Not entitled

fence shall fail to make or keep in repair his part thereof, he

to damages.

shall not be entitled to any damages on account of any trespass

through said part by stock belonging to the other joint owner

of said fence; and if he shall kill, maim, or otherwise injure