8

LAWS OF MARYLAND.

make and keep in repair division fences to bound and enclose
said lands at their joint expense, unless said lands are not cul-
tivated and have been used as general outlets or commons.

Height.

75. All such joint division fences shall be substantially
built, and if made of iron, wire, stone, hedge, post and rail or
plank, shall be four and a half feet high, but if made of cap
and stakes or stake and rider, commonly called worm fences,
shall be five feet high.

Disputes as
to fences.

76. If either party, his tenant, overseer or other representa-
tive, shall refuse or neglect to make or keep 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 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*
and whose lands do not 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 disinter-
ested witness shall be proof that notice has been served by the
party aggrieved; and said notice may be either oral or in writ-
ing.

77. The said freeholders, if they, or a majority of them,

Apportion-
ment of
repairs.

upon examination, find the allegations of the person aggrieved
to be sustained, shall proceed to apportion to each owner, his
tenant, overseer or other representative, his just proportion of
'said division fence to be built or repaired, 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, and shall deliver a copy of said award
to each party interested, or his tenant, overseer or other repre-
sentative, in case one of the parties is absent from, or is a
non-resident of the county.

Failure to
make repairs.

78. If the party, his tenant, overseer or other representative
being thus required to make or repair his 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 specified in the award; and a
certificate of the freeholders, or a majority of them, certify-
ing that the work has been satisfactorily done, shall entitle the
party interested to the amount specified in the award, or any