436

LAWS OF MARYLAND.

SEC. — . If either of said parties shall refuse or

neglect to make or keep in good repair his portion

of said division fence after twenty days' notice

shall have been given him, his agent, tenant, or

representative, by the person aggrieved, the person

Keep in re-

so aggrieved may apply to any justice of the peace

pair.

of said county, who shall, upon proof of the no-

tice aforesaid, appoint three discreet and sound

judging freeholders of said county, not related to

either party, who shall have full powers to hear

and determine all matters in dispute connected

with said fence.

SEC. — . The said freeholders, if they or a ma-

jority of them, shall find that the making or re-

pairing 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

Mutual ad-

in writing, under their hands and seals, verified

vantage.

by affidavit, requiring the recusant party to make

or repair his part of said fence by a day to be spe-

cified in their award, and also giving their esti-

mate 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 rep-

resentative, in case either of the said parties is a

non-resident of the county.

SEC. — . If the party or parties thus required to

Make or re-

make or repair his part of said fence shall fail to

pair.

do so within the time specified, it shall be lawful

for the other party or parties 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 have ob-

tained the certificate of the freeholders aforesaid,

or a majority of them, that he is entitled to the

amount specified in the award, or any part thereof,

he shall be entitled to recover the amount so ex-

pended from the owner of said fence, as other debts

are now recovered; and if the owner of such fence

Entitled to

is a non-resident of said county, the party so ma-

judgment.

king or repairing such fence shall be entitled to

judgment against him in the Circuit Court, or be-