82 HARFORD COUNTY. [ART. 12.

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.

5. And the said freeholders, if they, or a majority of them,
find that the making or repairing of said fences is for the mu-
tual 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 awar?l, 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 representa-
tive, in case one of the parties is a non-resident of the county.

6. 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 certificates 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,
o.wner or representative, shall be a sufficient service of such writ
upon the owner.

7. 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
by reason of its lying contiguous to uninclosed 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 to him necessary.