1128 FREDERICK COUNTY. [ART. 11.

1884, ch. 92.

139. In order to enable the burgess and commissioners of
Emmitsburg to carry out the provisions of the preceding section,
the said burgess and commissioners are authorized, empowered
and directed to levy annually, upon the taxable property within
the corporate limits of Emmitsburg, in addition to the corporation
taxes now allowed by law, a water tax, to be levied and collected
the same as other corporation taxes are levied and collected; and
the said taxes levied and collected for a water tax shall be kept
as a separate fund, and shall not be used for any other purpose
than to pay to the joint stock water company the interest on the
cost of supplying the town with water as hereinbefore provided;
and the burgess and commissioners of Emmitsburg shall levy
annually, and collect for this purpose, a water tax not exceeding
ten cents upon every hundred dollars of assessable property
within the corporate limits of Emmitsburg.

FENCES.

1868, ch. 304.

140. Whenever joint fences have been or may be established
in Frederick county for the mutual advantage of owners of
adjoining arable lands, each shall keep in good repair his respec-
tive portion thereof in the manner following, that is to say: all
post and rail or plank fences shall be at least four feet and a-half
high; stone fences four feet high, and all worm or other fences
shall be at least five feet high, and the distance in any case shall
be computed from the ground or base of any embankment on
which the same may be placed.

Ibid.

141. If either of the parties making or keeping a joint fence
between arable lands shall refuse or delay to repair his proportion
thereof within twenty days after notice in writing, given to him
or his agent, upon proof thereof before a justice of the peace, the
justice may, under his hand and seal, authorize the party
aggrieved to repair the fence, and for so doing he shall be
reimbursed all costs and reasonable expenses necessarily incurred,
to be recovered from the party so refusing and delaying in the
manner debts of a like amount are recoverable; and he shall have