ART. 5.] CALVERT COUNTY.

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 repair-
ing such fence, and shall deliver a copy of said award
to each party interested, or his tenant, overseer, or
other representative, in case one of the parties is a
non-resident of the county.
34. 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 exceding that specified in the award,
and as soon as he shall have made or repaired said
fence, and have obtained the certificate of the free-
holders 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 the 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 be-
fore 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.

479

Ibid s. 5.
Where party
fails to repair,
&c.

35. But if the said freeholders shall find that the
said fence, or any part thereof, the making or repair-
ing 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.

Ibid s G
Fencing con-
tiguous to
waste lands

36. 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 damages
on account of any trespass through said part, by

Ibid, s 7
Party falling to
repair,&c., not
to have dam-
ages for tres-
pass