418

LAWS OF MARYLAND.

select a person to assess the cost and expenses of the

same ; and if the party neglecting to repair or con-

struct, shall also refuse to make such selection, the

party aggrieved may, after ten days' notice in writing

to the refusing party, his agent, tenant or overseer,

or left at his usual place of abode, select two sensible

and discreet persons, with power in case of disagree-

ment to call in an umpire, to value and assess under

oath the cost and expenses aforesaid, and their award

under their hands and seal shall be final and conclu-

Recover

sive, and the party, in whose favor it is made, may

recover the same in the same manner as other debts

of a like amount are recoverable, and shall also have

a lien on the adjacent land of the party neglecting to

construct or repair, as further security for the reim-

bursement of the cost and expenses of said construc-

tion or repair; provided, the proceedings to enforce

said lien shall be commenced by the party or his rep-

resentatives within twelve months thereafter.

Give notice in

SEC. 4. Be it enacted, That should any person wish

writing.

to fence in any land which has hitherto been unen-

closed after having erected his proportion of said

fence, he shall give the person, whose land adjoins

his, notice in writing that he must construct his pro-

portion of said fence within sixty days, and if the per-

son so notified shall refuse or neglect to construct his

proportion thereof, the same remedy as given in pro-

ceeding sections shall apply.

Division fences

SEC. 5. Be it enacted, That whenever division fences

are made and kept in repair according to the provi-

sions of this act, the party aggrieved or likely to be

injured instead of pursuing the remedy hereinbefore

provided, may discontinue the said division fence upon

giving three months' notice in writing to the default-

ing party, his overfaeer, tenants, or agent.

Damage

SEC. 6 Be it enacted, That if any person not hav-

ing his grounds enclosed with such sufficient fence

as aforesaid, shall hurt, kill, or do any damage to

any horse, sheep, hogs, or any other kind of cattle,

belonging to any other person, or cause the same to

be done, he shall make good all such damages sus-

tained thereby to the owner or owners of such stock,

as shall be awarded by two respectable disinterested

freeholders of the vicinity under their oath, who