HARFORD COUNTY. 2947

1916, ch. 680, sec. 233.

250. If either party shall refuse or neglect to make or keep in good
repair his portion of said division fence, after twenty days' notice shall
have been given to him, his tenant or overseer, by the person aggrieved,
the person so aggrieved may apply to the county commissioners, who
shall, upon proof of the notice aforesaid, appoint three discreet and sound-
judging freeholders of said county, not related to either party, who shall
have full power to hear and determine all matters in dispute connected
with said fence.

1916, ch. 680, sec. 234.

251. Said freeholders, if they find that the making or repairing of
the fences is for the mutual advantage or protection of both parties, shall
apportion to each his just proportion thereof, and mark and bound the
same, and shall make out their award in writing, under their hands and
seals, verified by affidavit, requiring the recusant party to make or repair
his part of the fence, by a day to be specified in the award, and also giv-
ing their estimate of the cost of making or repairing such fence, and
shall deliver a copy of said award to each party interested, or his tenant,
overseer or representative, in case one of the parties is a non-resident of
the County...

1916, ch. 680, sec. 235.

252. If the party thus required to make or repair his part of the fence,
shall fail to do so within the time specified, it shall be lawful for the-
other party interested to make or repair the same at an expense not
exceeding that specified in the award; and as soon as he shall have made
or repaired said fence, and have obtained certificates of the freeholders,
aforesaid, that he is entitled to the amount specified in the award or any
part theerof, he shall be entitled to recover the amount so expended, from
the owner of the fence, as other debts are now recovered; and if the owner
of such fence is a non-resident of said county, the party so making or
repairing shall be entitled to judgment against him in the circuit court,
or before a justice of the peace for the county, and the serving of the
summons in such suit upon the tenant, owner or representative, shall be
a sufficient service of such writ upon the owner.

1916, ch. 680, sec. 236.

253. If the said freeholders shall find that the said fence, or any part
thereof, the making or repairing of which is sought to be enforced, will
be of no use or benefit to the party refusing, by reason of its lying con-
tiguous to unenclosed or waste lands, or for any other reason, they shall
so report in their award; and no one shall be required to make or repair
more than one-half of such fence, as shall be necessary to him.

1916, ch. 680, sec. 237.

254. If any person, having an interest in any joint division fence shall
fail to make or keep in repair his part theerof, he shall not be entitled to