200, BALTIMORE COUNTY. [ART. 3.

of fence between them, and 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 refusing, to be recovered from him
in an action of debt, with costs of suit.

1870, ch. 437.

86. 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 to 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 proportion of said fence, the same remedy as given in the
preceding section shall apply.

Ibid.

87. 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 disin-
terested landholders, who shall view the said fence and shall
determine the proper amount of money to be expended in erect-
ing or repairing the same 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.

Ibid.

88. The fences to be made or kept in repair shall be at least
four feet high, and shall be sufficiently close to prevent hogs
from pressing through the same; provided, said fence be not
within five miles from the city of Baltimore.

Ibid.

89. The landholders summoned under section 87 shall be
allowed the same per diem as witnesses before a justice of the