WILLIAM T. HAMILTON, ESQUIRE, GOVERNOR. 437

	fore a justice of the peace of said county, as the
	case may be, and the serving of the summons in
	such suit upon the agent, tenant or other rep-
	resentative, 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 femme sole, which said judgment may be
	enforced by execution against her separate estate.
	SEC. — . If the said freeholders shall find that
	the said fence, or any part thereof, the making or	Repair one-
	repairing of which is sought to be enforced would	half.
	be of no use or benefit to the party refusing, by
	reason of its lying contiguous to unenclosed or
	waste lands, or for any other reason, they shall so
	report in their award, and no one shall be requir-
	ed to make or repair more than one half of such
	fence as shall be to him necessary; the words
	waste lauds, however, used in this section, shall
	not be construed to mean or include any body or	How con-
	bodies of wood land forming part or parts of fields	strued.
	or lots of arable lands, but whenever any such
	fields or lots of arable land as aforesaid are com-
	posed in part of wood land, they shall be enclosed
	as herein before required by this act, as fully as if
	all of said fields or lots of land was arable land.
	SEC. — . Each freeholder who shall be called
	upon to act under the preceding section of this	Compensa- tion.
	act shall be entitled to one dollar and fifty cents
	per day for his services.
	SEC. — . Whenever the owner of such division
	fence shall fail to keep in repair his portion of
	said fence according to the provisions of this act,
	the other person aggrieved, or likely to be injured
	by reason of such refusal or omission to keep	May discon-
	in repair said portion of such fence, may, instead	tinue.
	of pursuing the remedy hereinbefore provided,
	discontinue the said division fence upon giving
	one months' notice, in writing, to the defaulting	.
	party, his agent, tenant, or other representative.