3204 ARTICLE 15.

FENCES.

P. L. L., 1888, Art. 15, sec. 102. 1860, Art. 14, sec. 91.

184. Wherever joint fences have been or may be established in said
county, for the mutual advantage of different owners or possessors of
adjoining lands, each party shall keep in good repair his proper proportion
thereof, in manner following, that is to say: all post and rail or plank
fences shall be at least four feet six inches high, and not more than four
inches between the lower and second, and not more than five inches be-
tween the second and third rails; and all worm or other fences shall be
five feet high; the height of said fences to be in every case computed from

the ground or base of any embankment upon which they may be erected.

P. L. L., 1888, Art. 15, sec. 103. 1860, Art. 14, sec. 92.

185. If either of the parties so making or keeping a joint fence shall
not comply with the provisions of the preceding section, and shall refuse
or neglect to repair the said fence within twenty days after notice in
writing shall be given him, his agent, tenant or overseer, any justice of the
peace, upon proof of such notice, may, by warrant under his hand and
:seal, authorize the party aggrieved to repair or construct said fence.

P. L. L., 1888, Art. 15, sec. 104. 1860, Art. 14, sec. 93.

186. The party making such repairs or constructing said fence, and
the party upon whose refusal or neglect they were made, shall each select
a person to assess the costs and expenses of the same; and if the party

neglecting to repair or construct shall also refuse to make such selection,

the party aggrieved, after ten days' notice in writing served upon the
refusing party, his agent or overseer, or left at his usual place of abode,
may select two sensible and discreet persons, with power, in case of dis-
agreement, to call in an umpire to value and assess, under oath, the costs
and expenses aforesaid, and their award, under their hands and seals,
shall be final and conclusive, and the party in whose favor it is made may
recover the same in the same manner as other debts of a like amount.

P. L. L., 1888, Art. 15, sec. 105. 1860, Art. 14, sec. 94.

187. Whenever joint fences are made and not kept in repair accord-
ing to the provisions of section 184, the party aggrieved or likely to be
injured, instead of pursuing the remedy provided in the two sections last

preceding, may discontinue the said joint fence, upon giving three months
notice to the defaulting party, his overseer, tenant or agent; in all other

cases (unless by mutual consent) twelve months' notice shall be required

to discontinue any joint fence.

P. L. L., 1888, Art. 15, sec. 106. 1860, Art. 14, sec. 95.

188. If any person not having his grounds enclosed with such suffi-

cient fence as aforesaid, shall hurt, kill or do any damage to any horse,
sheep, hogs or any kind of cattle belonging to any other person, or cause
the same to be done, he shall make good all such damages sustained there-