606 CALVERT COUNTY. [ART. 5.

sion fence to be built or repaired, and mark and bound the same,
and shall make out their award in writing under their hands and
seals, requiring the recusant party to make or repair his part of
said fence by a day to be specified in said award, and also giving
their estimate of the cost of making or repairing such fence, and
shall deliver a copy of said award to each party interested, or his
tenant, overseer or other representative, in case one of the parties
is absent from or is a non-resident of the county.

1886, ch. 117.

78. If the party, his tenant, overseer or other representative
being 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 a certificate of the
freeholders, or a majority of them, certifying that the work has
been satisfactorily done, shall entitle the party interested to the
amount specified in the award, or any part thereof, which may be
recovered of the owner as other debts are recovered; provided,
if the owner of said land is a non-resident of the county, or is
absent therefrom, the service of summons upon the tenant, over-
seer or other representative shall not be a sufficient service upon
the owner; and the party making or repairing said division fences
shall not be entitled to compensation therefor, unless notice shall
have first been served upon said non-resident or absent owner
according to section 76.

Ibid.

79. If any owner, his tenant, overseer or other representative
having an interest in any joint division fence, shall fail to make
or keep in repair his part thereof, he shall not be entitled to
damages on account of any trespass through said part, by stock
belonging to another joint owner, his tenant, overseer or other
representative; and if said owner or other person shall kill, maim
or otherwise wilfully injure such stock, he shall, upon conviction,
pay the full value of said stock, with costs of suit; but in all
other cases of trespass, the party trespassed upon shall be entitled
to recover from the owner of the stock the amount of damages
done by such trespass, as is provided for by law, except that if
the stock so trespassing shall enter through its owner's enclosures,