406

LAWS OF MARYLAND.

Justice to is-

be the duty of the said justice of the peace to issue

sue subpoena.

a subpoena for such witnesses as either plaintiff or

defendant may require.

Joint fences.

SEC. 2. And be it enacted, That when joint fences

have been now or may hereafter be established in

either of the two districts hereinbefore mentioned in

said county, for the mutual benefit of different

owners or possessors of adjoining lands, it shall be

Duty of each

the duty of each party to keep in good repair his,

party.

her or their just proportion respectively thereof, to

wit : all fences of whatever kind shall be four feet

high at least, the highest in every case to be com-

puted from the ground upon which said fence rests

to the top of the upper rail, whether the fence be

placed upon the level earth or upon an embankment.

SEC. 3. And be it enacted, That if either of the

Shall not

parties so making or keeping a joint fence shall not

comply.

comply with the foregoing provisions, and shall re-

fuse or delay to make or repair said fence where it

is mutually beneficial, within twenty days after

Notice in

notice in writing shall have been given to said party

writing

or his agent, overseer or tenant, thereupon proof

thereof before a justice of the peace of one of the

said districts, it shall be the duty of the justice of

the peace, under his hand and seal, to authorize the

party so aggrieved and suffering by such refusal or

delay to make or repair such fence as above required,

Shall be re-

and for so doing he, she or they shall be reimbursed,

imbursed.

all cost and reasonable expenses necessarily incurred

to be recovered from the party so refusing or delay-

ing in the same manner as debts of a like amount

are now recoverable.

SEC. 4. And be it enacted, That in case joint

fences are not made and kept in repair according to

Lawful to

the provisions of this act, it shall be also lawful for

discontinue
fence.

the party aggrieved or likely to be injured, instead
of pursuing the remedy above allowed, to discon-

tinue the said fence, by giving three months' notice

in manner aforesaid ; and in all other cases, unless

by mutual consent, twelve months shall be required

to discontinue any joint fence.

SEC. 5. And be it enacted, That whenever any per-

son or persons shall, under and by virtue of this act, or