1794 SOMERSET COUNTY. [ART. 20.

lished by mutual consent in said county, shall be made and
repaired by the parties respectively owning or occupying the
fields, at their joint and equal expense.

P. L. L., (1860,) art. 19, sec. 51.

106. Upon failure of a party to make or repair and keep in
good order his portion of such fence, or to pay his equal share of
the cost thereof, he shall be answerable therefor in an action of
debt before a justice of the peace.

Ibid. sec. 53.

107. The person desiring such partition fence to be repaired
shall give at least thirty days' notice to the owner of the adjoin-
ing land and joint owner of the fence, of such repair being neces-
sary, and of his intention to proceed to make the same, and if
the said joint owner shall not, before the expiration of the thirty
days, repair the same, he may repair and construct the same out
of the usual materials and in the ordinary way; and the joint
owner shall be liable for all the expenses thereof, to be recovered
as prescribed in the preceding section.

1878, ch 256. 1878, ch. 415. 1884, ch. 144 1836, ch. 268. 1886, ch. 418.

108. All fields and other grounds kept for enclosure in St.
Peter's district, Mount Vernon district and Tangier district, shall
be fenced with post and rail, or plank, or with a worm fence
made of good and substantial rails, at least four feet high from
the ground to the top of the highest rail, and the first or under
rail, in post and rail, or plank, or worm fences, shall not exceed
in distance five inches from the ground or embankment upon
which the same may be built; and the width between the rails
or planks of which the fence may bo built shall be such as ia
usual in the construction of fences of this kind; and all brush
fences made upon the surface of the ground shall be at least four
feet high, and all brush fences made upon an embankment of
earth thrown up upon the ground shall be at least three feet
high; the embankment, nevertheless, shall be eighteen inches
high; and if any live stock of any kind or description whatever
shall break into any person's enclosure, the enclosure of which
shall be fences of the above description and proportions, then the