558

HARFORD COUNTY. [ART. 12.

Ibid s 5.
One party may
recover against
him who fails
to make or re-
pair his portion

42. 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 certificates of the freehold-
ers aforesaid, or a majority of them, that he is enti-
tled 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, owner
or representative, shall be a sufficient service of such
writ upon the. owner.

Ibid. s. 6.
When fence is
of no use

43. 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 7.
In jury to stock

44. 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 stock
belonging to the other joint owner of the fence; and
if he shall kill, maim, or otherwise injure such stock,
he shall, upon conviction, pay to the owner thereof,
the full value of such stock with costs of suit.

Ibid s 8
When party
entitled to re-
cover for
trespass by
stock.

45. 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 damages done by such trespass as other debts are