1458 KENT COUNTY. [ART. 15.

section, and shall refuse or neglect to repair the said fence within
twenty days after notice in writing shall be given him, his agent,
tenant or overseer, any justice of the peace, upon proof of such
notice, may, by wan-ant under his hand and seal, authorize the
party aggrieved to repair or construct said fence.

P. L. L., (1860,) art. 14, sec. 93.

104. The party making such repairs or constructing said fence,
and the party upon whose refusal or neglect they were made,
shall each select a person to assess the costs and expenses of the
same; and if the party neglecting to repair or construct shall
also refuse to make such selection, the party aggrieved, after ten
days' notice in writing served upon the refusing party, his agent
or overseer, or left at his usual place of abode, may select two
sensible and discreet persons, with power, in case of disagreement,
to call in an umpire to value and assess, under oath, the costs and
expenses aforesaid, and their award, under their hands and seals,
shall be final and conclusive, and the party in whose favor it is
made may recover the same in the same manner as other debts of
a like amount.

Ibid. sec. 94.

105. Whenever joint fences are made and not kept in repair
according to the provisions of section 102, the party aggrieved
or likely to be injured, instead of pursuing the remedy provided
in the two sections last preceding, may discontinue the said joint
fence, upon giving three months' notice to the defaulting party,
his overseer, tenant or agent; in all other cases (unless by mutual
consent) twelve months' notice shall be required to discontinue
any joint fence.

Ibid. sec. 95.

106. If any person not having his grounds enclosed with such
sufficient fence as aforesaid, shall hurt, kill or do any damage to
any horse, sheep, hogs or any kind of cattle belonging to any
other person, or cause the same to be done, he shall make good all
such damages sustained thereby, to the owner of such stock, as
shall be awarded by two respectable, disinterested freeholders of
the vicinity, under their oath, who may be summoned to view
the same, by the respective parties interested; and in case of
their disagreement, it shall be lawful for the referees to call in a