ART. 3. ] BALTIMORE COUNTY.

if either of said persons shall fail or neglect to make
his proportion of said fence, or to keep or put the same
in good repair within sixty days after he shall have
been notified and requested to do so in writing, then
the party making said request may make or repair said
fence at the expense of the party so neglecting or refus-
ing, to be recovered from him in an action of debt, with
cost of suit.

209

103. Should any person wish to fence in any land
which has hitherto been unenclosed, after having built
his proportion of said fence, he shall give the party
whose land adjoins his, notice in writing that he must
erect his proportion of said fence within sixty days,
and if the party so notified shall fail to erect his pro-
portion of said fence, the same remedy as given in the
preceding section shall apply.

Erection of
joint fence:
now compelled.

104. Before proceeding, however, to make or repair
the fences mentioned in the two preceding sections, the
person who has given the notification in writing shall
apply to a justice of the peace of the county, who, upon
affidavit of the party that he has given such notice,
and that said fence has not been erected or repaired
within the time specified, shall summon three disinter-

Proceedings
before building
fence.

ested landholders, who shall view the said fence and
shall determine the proper amount of money to be
expended in erecting or repairing the said fence in a
good and substantial manner, and said inquisition shall
be put in writing, and the party erecting or repairing
such fence shall not expend more than said sum.

Fence viewers.

107. The fences to be made or kept in repair shall
be at least four feet high, and shall be sufficiently close

Fences, how to
be built.

to prevent hogs from pressing through the same; pro-
vided, said fence be not within five miles from the city
of Baltimore.

Proviso.

108. The land and freeholders summoned under any
section of this act, shall be allowed the same per diem
as witnesses before a justice of the peace per each day
they may be engaged in the performance of the duties
hereby imposed upon them.

Approved and in force April 4, 1870.

Pay of fence
viewers.