ART. 17.] FENCES. 1589

may apply to any justice of the peace of said county, who, upon

proof of the notice aforesaid, shall appoint three discreet and
sound judging freeholders of said county, not related to either
party, who shall have full power to hear and determine all mat-
ters in dispute connected with said fence.

1880, ch. 289.

141. The said freeholders, if they or a majority of them shall
find that the making or repairing of said fence is for the mutual
advantage and protection of both parties, shall apportion to each
his just proportion 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 their
award, and also giving their estimate of the cost of making or
repairing said fence, and shall deliver a copy of said award to

each party interested, or his agent, tenant or other representative,
in case either of the said parties is a non-resident of the county.

Ibid.

142. 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 obtained
the certificate of the freeholders aforesaid, that he is entitled 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 such fence 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 sum-
mons in such suit upon the agent, tenant or other representative,
shall be a sufficient service of such writ upon the owner; and in

case the owner of such fence shall be a married woman, she shall
be liable for the amount expended as aforesaid, in the repair of
the same, and may be sued therefor, and judgment may be had
Against her as fully as if she were a feme sole, which said judg-
ment may be enforced by execution against her separate estate.