826 LAWS OF MARYLAND. [CH. 363

SEC. 3. And be it further enacted, That the said freehold-
ers, if they or a majority of them find that the making or re-
pairing of said fence ia for the mutual advantage and protec-
tion of both parties, shall apportion to each his jusit portion
thereof and mark and bound the same, and shall make out their
award in writing, under their hands and seals, verified by affi-
davit, require the recusant party to make or repair his part of
said fence by a day to be specified in their award, and also
giving their estimate of the cost of making or repairing said
fence, and shall deliver a copy of said award to each party
interested, or his agent, tenant or other representative.

SEC. 4. And be it further enacted, That each freeholder
who shall be called upon to act under the preceding Section
of this sub-title of this Article shall be entitled to two dollars
and fifty cents per day for his services, to be paid by the party
aggrieved, and recoverable by him as costs if the award of the
examiners provided in Sections 2 and 3 be in his favor and so
provided.

SEC. 5. And be it further enacted, That if either of the
parties keeping a joint fence betweep arable lands shall refuse
or delay to repair his proportion thereof within twenty days
after the award made or given to him or his agent as aforesaid,
upon proof thereof before a justice of the peace, the justice
may, under his hand and seal, authorize the party aggrieved
to repair the fence, and for so doing he shall be reimbursed
all costs and reasonable expenses necessarily incurred by him
in and about the same, to be recovered from the party so refus-
ing or delaying in the manner debts of like amounts are recov-
erable ; and said costs and expenses shall be first lien on the
adjacent land or farm of the person who shall have refused or
delayed to make and repair the fence, provided the proceedings
to enforce such lien shall be begun, in the Circuit Court for
Montgomery County in equity by the party in whose favor said
lien may be, or by his personal representative, within twelve
months after such repair shall have been done; and the said
Court is hereby vested with full jurisdiction in the premises,
which jurisdiction shall be exercised as in the enforcement of
liens in other cases in equity.

SEC. 6. And be it further enacted, That if any person hav-
ing an interest in any joint division fence shall fail to make or
keep in repair his part thereof, he shall not be entitled to any
damages on account of any trespass through said part of stock