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LAWS OF MARYLAND.

in good repair his portion of said fence, after
ten days' notice shall have been given him, his
tenant, overseer, or other representative, by
the person aggrieved, the person so aggrieved
may apply to a Justice of the Peace of said

Arbitration.

county, who shall, upon affidavit and proof of
the notice aforesaid, appoint three discreet
and sound-judging freeholders of said county,
not related to either party, nor whose lands
adjoin the parties litigant, who shall have
full power to hear and determine all matters
in dispute connected with said fences; and
the testimony of one disinterested witness
shall be proof that notice has been served by
the party aggrieved, and said notice may be
either oral or in writing.

SEC. 4. And be it enacted, That the said free-
holders, if they, or a majority of them, upon
examination, find the allegations of the per-
sons aggrieved to be sustained, shall proceed
to apportion to each owner, his tenant, over-
seer or other representative, his just propor-
tion of said division fence to be built or re-

Award.

paired, 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 or fences, and shall de-
liver a copy of said award to each party in-
terested, or his tenant, overseer or other rep-
resentative, in case one of the parties is absent
from, or is a non-resident of the county.

SEC. 5. And be it enacted, That if the party,
his tenant, overseer or other representative
being thus required to make or repair his

Failure to
repair.

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 speci-
fied in the award, and a certificate of the free-
holders, or a majority of them, certifying that