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CHAP. 154
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. belonging to different proprietors, and intended to enclose the
separate farms or plantations of such proprietors, in Anne-Arun-
del county, who have or may agree to join in making the same,
if made of posts and rails shall be at least four feet high from
the surface of the ground, of good materials, and the average
distance between the three lower rails not to exceed four inches;
all worm division fences to be made of good and substantial
rails, staked and ridered, and at least five feet high from the
surface of the ground to the top of the upper rail; all other di-
vision fences of stone, to be four feet high, and if of wood, or
embankment and wood, or hedges-of thorn close and well set,
to be at least five feet high; and all division brush fences, made
upon embankment, to be at least three feet high, and the em-
bankment to be not less than two feet high.
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Expenses to be
divided among
parties interested
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2. And be it enacted, That-all division fences to be made as
aforesaid, shall be kept in good repair, and the labour and cos!
of making the same shall be equally divided among the parties
interested; and if either party shall neglect to make or keep in
good repair, his, her or their part or portion of said division
fence or fences, after twenty days notice shall have been given
to him, her or them, by the person or persons aggrieved, he,
she or they, may apply to a justice of the peace of said county
who is hereby authorised, upon proof of the notice aforesaid, to?
Appoint two respectable freeholders, living near and not related
to, the said litigant parties, whose duty it shall be to examine the
paid division fence or. fences, and to fix the amount which, in
their judgments, may be necessary to make or repair the one
half or portion of the said division fence or fences; and the said
freeholders are hereby empowered, in case they differ in opini-
on, to appoint a third person as umpire, and it shall be their du-
ty, under their hands and seals, to make out their award, verifi-
ed by affidavit, and deliver a copy of the same to the said jus-
tice of the peace, and to each party interested, within five days
after determining on said award; and if the party owning that
part or portion of the division fence or fences, required to be
made or repaired by the decision of the said freeholders, shall
fail to make or repair the same, according to the provisions of
this act, within thirty days after the service of said award, then
it shall and may be lawful for the other party who has his, her
or their portion of said division fence or fences in good order,
to proceed to make or repair said fence or fences, the expense
whereof shall not exceed the amount fixed by said award; and
as soon as the fence or fences shall be made or repaired in con-
formity with this act, and so certified by the freeholders afore-
said, or any one of them, then such person or persons shall be
entitled to recover from the partv neglecting or refusing as a-
foresaid, the amount expended, in the same manner as other
small debts are now bv law recovered, where the amount of da-
mages awarded as aforesaid does not exceed the sum of fifty dol-
lars.
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Penalty per-
sons failing to
keep his part of
fence in repair
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3. And be it enacted, That if any person or persons shall
fail to make or keep in good repair his part of said division fence
or fences, as directed by this act, and shall maim, kill, or other-
wise injure, any description of stock found on his, her or their
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