EMERSON C. HARRINGTON, GOVERNOR. 333

sent in Somerset County, shall be made, cleaned out and re-
paired by the parties respectively owning or occupying the said
adjoining lands, at their joint and equal expense; and upon
failure of either of the said parties to make, cut, dig, clean out
and keep in good order his portion of said line ditch or drain,
or to pay his equal share of the costs thereof, he shall be
answerable to the other party making the expenditure therefor
in an action of debt before a justice of the peace.

SEC. 47. And be it further enacted, That if either one of the
two adjoining proprietors of lands desires to construct, make,
dig out or repair such partition drain or line ditch as a boun-
dary line between his own lands and those of the adjoining
proprietor (in case the same can not be done by agreement) he
shall proceed to give at least thirty days' notice to the owner
of the adjoining lands, or to his tenant or agent, of such par-
tition drain or line ditch or of repairs thereon being necessary,
and of his intention to proceed to make the same himself in case
said adjoining proprietor during said time neglects or refuses
to assist therein to the extent of bearing one-half the cost and
expense thereof; and if said adjoining owner shall fail or ne-
glect within the said thirty days to assist him as aforesaid there-
in, he may proceed to construct, make, dig out, or repair the
said partition drain or line ditch constructing or repairing the
same to a sufficient width and depth on the said boundary line
with the boundary line in the center of said ditch, at his own
cost and expense and in the ordinary way by paying the cur-
rent prices for labor, and he shall keep an itemized account of
such costs of construction or repairs, and the said adjoining
proprietor shall be responsible and liable for one-half thereof,
to be recovered by him from said adjoining proprietor as in
action of debt before a justice of the peace if the some be under
one hundred dollars and before the Circuit Court if one-half
thereof amounts to more than one hundred dollars. Provided
the said adjoining proprietor, after receiving said notice, if he
thinks the making or repairing of such partition drain or line
ditch unnecessary, shall have the right to an arbitration thereon
in the following manner; he shall at once appoint a neighboring
freeholder to represent him in the arbitration, and at once give
notice to the adjoining proprietor who had originated the idea
of making and repairing the drain of his intention to resist the
expenditure of making or repairing the drain by arbitrating
the same, giving him the name of the person he has selected, re-
questing him to select one also to represent him in the arbitra-