296

LAWS OF MARYLAND.

Fence to be
kept in good
repair.

Sec. 3. If either party shall refuse or neglect to
make or keep in good repair his portion; of said
division fence, after twenty days notice shall have
been given him, his tenant or overseer, by the per-
son aggrieved, the person so aggrieved may, apply
to the County Commissioners of said county, who
shall, upon proof of the, notice aforesaid, appoint
three discreet and sound judging freeholders of
said county, not related to either party, who shall
have full powers to hear and determine all mat-
ters in dispute connected with said fence.

Shall appor-
. tion.

Sec. 4. And the said freeholders, if they, or a
majority of them, find that the making or repair-
ing of said fences is for the mutual advantage and
protection of both parties, shall apportion to each
his just proportion thereof, and mark and bound
the same, and shall make out their award in
writing, under their hands and seals, verified by
affidavit, requiring the recusant party to make or
repair his part of said fence, by a day to be speci-
fied in the 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 representa-
tive, in case one of the parties is a. non-resident of
the county.

Required to
repair.

Sec. 5. And if the party 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 as soon as he shall have made or re-
paired said fence, and have obtained the certifi-
cates of the freeholders aforesaid, or a majority
of them, that he is entitled to the amount speci-
fied in the award or any part thereof, he shall be
entitled to recover the amount so expended from
the owner of said fence as other debts are now re-
covered; and if the owner of such fence is a non-
resident of said county, the party so making or
repairing shall be entitled to judgment against
him in the Circuit Court, or before a Justice of the
Peace of said county, as the case may be, and the
serving of the summons in such suit upon the ten-
ant, owner or representative, shall be a sufficient
service of such writ upon the owner.