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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 3380   View pdf image (33K)
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3380 ARTICLE 16.

days after the award made or given to him or his agent as aforesaid, upon
proof thereof before a justice 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 neces-
sarily incurred by him in and about the same, to be recovered from the
party so refusing or delaying in the manner debts of like amounts are
recoverable; and said costs and expenses shall be first lien on the adjacent
land or farm of the person who shall have refused or delayed to make and
repair the fence, provided the proceedings to enforce such lien shall be be-
gun in the Circuit Court for Montgomery County in equity by the party
in whose favor said lien may be, or by his personal representative, within
twelve months after such repair shall have been done; and the said
Court is hereby vested with full jurisdiction in the premises, which juris-
diction shall be exercised as in the enforcement of liens in other cases in
equity.

1918, ch. 363, sec. 6.

316. If any person having an interest in any joint division fence shall
fail to make or keep in repair his part thereof, he shall not be entitled to
any damages on account of any trespass through said part of stock belong-
ing to the other joint owner of said fence; and if he shall kill, maim, or
otherwise injure such stock, upon conviction thereof, he shall pay to the
owner of said stock the full value thereof, with costs of suit; and if such
person be a married woman, she shall be liable under this Section of this
subtitle of this Article as fully as if she were feme sole, and her separate
estate shall be responsible therefor.

1918, ch. 363, sec. 7.

317. In all other cases of trespass by stock, the party trespassed upon
shall be entitled to recover from the owner of the stock trespassing the
amount of damage done by such trespass as other debts are now recov-
ered; and in case the owner of said stock shall be a married woman, she
may be sued therefor and judgment may be recovered against her as fully
as if she were a feme sole, which said judgment may be enforced by execu-
tion against her separate estate; and the stock so found trespassing shall
be also liable, in all cases, for the damage committed, and may be held
by the party trespassed upon and damaged until the full amount of such
damage and the cost of keeping and impounding such stock shall be paid;
and judgment rendered for such damage shall be a lien upon said stock so
found trespassing from the date of said trespass, which said lien shall not
be affected nor destroyed by any alienation sale or other transfer of said
stock subsequent to the date of said trespass.

1918, ch. 363, sec. 8.

318. If joint fences are not kept in repair according to the provisions
of this Act, the party aggrieved or likely to be injured instead of pursu-
ing the remedy prescribed in the said Sections, may discontinue the said

 

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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 3380   View pdf image (33K)
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