ART. 5. ] CALVERT COUNTY. 57

person aggrieved, the person so aggrieved may apply to the
county commissioners of said county, 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 powers to hear and determine all matters in dispute
connected with said fence.

4. And the said freeholders, if they, or a majority of them,
find that the making or repairing of said fences is for the mutual
advantage and 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 said fence, by a day to be specified in the
award, and also giving 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 other represent-
ative, in case one of the parties is a non resident of the county.

5. And if the party thus required to make or repair his part
of said 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 the certificate of the freeholders aforesaid, or a
majority of them, that he is entitled to the amount specified in
the award, or any part thereof, he shall be entitled to recover
the amount, so expended, from the owner of said 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 of said county, as the case may
be, and the serving of the summons in such suit upon the tenant,
overseer, or other representative, shall be a sufficient service of
such writ upon the owner.

6. But 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, would be of no use or benefit to the party refusing,