292

LAWS OF MARYLAND.
CHAPTER 267.

Fused March
7, 1862.

AN ACT to add new sections to Article five of. the
Code of Public Local Laws for Calvert county,
for the settlement of disputes growing out of
joint division fences and the trespassing of stock
in said county.

Additional
lections.

Be it enacted by the General Assembly of Mary-
land, That the following sections be added to Ar-
ticle five of the Public Local Laws for Calvert
county :

Division fences
— expense of
making, &c.,
by whom paid.

Sec. 1. All division fences between the lands of
different proprietors in Calvert county, which, may
be necessary for their mutual protection, shall be
made and repaired at the joint and equal expense
of the parties interested.

Character and
height of fen-
ces.

Sec. 2. All such joint division fences, if made
of posts and rails or plank, or with caps and stakes,
shall be four feet and a half high ; all worm divi-
sion fences shall be five feet high, made of good
and sound rails, staked and ridered, and substan-
tially built.

Repair offend
ing — power of
summoning
freeholders to
determine mat-
ters in dispute.

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
person aggrieved, the person so aggrieved may
apply to the County Commissioners of said county,
who shall, upon proof of the notice aforesaid, ap-
point three discreet and sound judging freeholders
of said county, not related to either party, who
shall have full powers to hear and determine all
matters in dispute connected with said fence.

Duty of party
summoned.

Sec. 4. And the said freeholders, if they, or a ma-
jority of them, find that the making or repairing of
said fences is for the mutual advantage and protec-
tion 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, requir-
ing the recusant party to make or repair his part
of said fence, by a day to be specified in the award,
and also giving their estimate of the cost of mak-