1833.

LAWS OF MARYLAND.

CHAP. 47.

close and well set, to be at least five feet high; and all di-
vision brush fences, made upon embankment, to be at least
three feet high; and the embankment to be not less than
two feet high.

Hew repaired

Sec. 2. And be it enacted, That all division fences to be
made as aforesaid, shall be kept in good repair, and the
labour and cost shall be apportioned to each individual ac-
cording to his, her or their respective portion of said fence;

Case of neglect

and if either party shall neglect to make or keep in good
repair, his, her or their part or portion of said division fence
or fences, after thirty days notice shall have been given to
him, her or them, by the person or persons aggrieved, he,
she or they may apply to a justice of the peace, of said
county, who is hereby authorised, upon proof of the no-
tice aforesaid, to appoint two respectable freeholders, liv-

Proceedings direct
ed.

ing near and not related to the said litigant parties, whose
duty it shall be to examine the said division fence or fenc-
es, and to fix the amount which in their judgments, may
be necessary to make or repair the one half or portion of
the said division fence or fences; and the said freeholders
are hereby empowered in case they differ in opinion to ap-
point a third person as umpire, and it shall be their duty

Costs assessed

under their hands and seals, to make out their award, ve-
rified by affidavit, and deliver a copy of the same to the
said justice of the peace, and to each party interested, with-
in ten days after determining on said award; and if the par-
ty owning that part or portion of the division fence or
fences, required to be made or repaired by the decision of
the said freeholders, shall fail to make or repair the same
accordingly to the provisions of this act, within thirty days
after the service of said award, then it shall and may be
lawful for the other party who has his, her or their portion
of said division fence or fences, in good order to proceed to
make or repair said fence or fences, the expences whereof
shall not exceed the amount fixed by said award; and as soon
as the fence or fences shall be made or repaired in conformi-
ty with this act, and so certified by the freeholders afore-
said, or any of them, then, such person or persons shall
be entitled to recover from the party neglecting or refus-
ing as aforesaid, the amount expended in the same man-
ner as other small debts are now by law recovered, where
the amount of damages awarded as aforesaid, does not ex-
ceed the sum of fifty dollars.

Impounding with-
out legal enclo-
sures

Sec. 3 And be it enacted, That whosoever not having their
grounds enclosed with such sufficient fence as aforesaid,
shall empound, hurt, kill or do damage to any horse, sheep,