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ART. 12. ] HARFORD COUNTY. 557
FENCES.
1864, c. 204 adds the following sections to this article under the above title:
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88. All division fences between the lands of dif-
ferent proprietors in Harford county, which may be
necessary for their mutual protection, shall be made
and repaired at the joint and equal expense of the
parties interested.
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1864, c 204, a. 1.
At whose ex-
pense division
fences to be
made, &c.
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39. All such joint division fences, if made of post
and rails or plank, shall be four feet and a half high;
all worm fences shall be five feet high, made of good
and sound rails, staked and ridered and substantially
built.
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Ibid. s. 2.
Height of
fences.
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40. If either party shall refuse or neglect to make
or keep in good repair his portion of said division
fence, after twenty days' notice shall have been given
him, his tenant or overseer, by the 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.
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Ibid R 3.
Application to
be made to
county com-
missioners and
referred by
them to free-
holders if
fence not kept
in repair.
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41. 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 or protection of
both parties, shall apportion to each his just propor-
tion 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
representative, in case one of the parties is a non-
resident of the county.
36
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Ibid s 4
Fence to be
apportioned
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