696

LAWS OF MARYLAND.

nevertheless, that such assessment of damages
by said two persons so appointed by said Jus-
tice, shall not be deemed and taken as conclu-
sive, but either party shall be at liberty to-
controvert the same, and such judgment shall
be given as upon the whole evidence shall
seem to be right and proper.

SEC. 2. And be it enacted, That where joint
fences have been, now are, or may hereafter
be established in said Dames' Quarter District,
for the mutual benefit of different owners or
possessors of joining lands, it shall be the duty

Keep in re-
pair.

of each party to ke'ep in good repair his, her
or their just proportion respectively thereof
in the manner now prescribed, to wit: All
fences of whatever kind shall be four feet
high at least, the height in every case to be
computed from the ground to the top of the
upper rail, whether the fence be placed upon
the level earth or upon an embankment.

SEC. 3. And be if enacted. That if either of
the parties so making or keeping a joint fence
shall not comply with the foregoing provisions,

and shall refuse or delay to make or repair said
fence where it is mutually beneficial, within
twenty days after notice in writing have been

How Fence,
repaired in
case of refusal.

given to said party or his agent, his overseer
or tenant, then, upon proof thereof before a.
Justice of the Peace of said district, it shall
be the duty of the Justice of the Peace, under
his hand and seal, to authorize the party so
aggrieved and suffering such refusal or delay,
to make or repair such fence as above re-
quired, and for so doing he, she or they shall
be re-imbursed all costs and reasonable ex-
penses necessarily incurred, to be recovered
from the party so refusing or delaying, 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 accord-
ing to the provisions of this act, it shall be?