A. W. BRADFORD, ESQUIRE, GOVERNOR.

ing or repairing such fence, and shall deliver a copy
of said award to each party interested, or his tenant,
overseer, or other representative, in case one of the
parties is a non-resident of the county.

293

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 certificate
of the freeholders aforesaid, or a majority of them,
that he is entitled to the amount specified 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 recovered ;
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 tenant, over-
seer, or other representative, shall be a sufficient
service of such writ upon the owner.

Repairs re-
quired, &c.

Sec. 6. But if the said freeholders shall find
that the said fence, or any part thereof, the mak-
ing or repairing of which is sought to be enforced,
would be of no use or benefit to the party refusing,
by reason of its lying contiguous to uninclosed or
waste lands, or for any other reason, they shall so
report in their award, and no one shall be required
to make or repair more than one-half of such fence
as shall be to him necessary.

Fencing con-
tiguous to
waste lands.

Sec. 7. If any person, having an interest in any
joint division fence, shall fail to make or keep in
repair his part thereof, he shall not be entitled to
damages on account of any trespass through said
part, by stock belonging to the other joint owner
of the fence, and if he shall kill, maim or otherwise
injure such stock he shall, upon conviction, pay to
the owner thereof the full value of such stock, with
costs of suit.

No damage
recoverable in
case of failure
to keep fence in
repair.

Sec. 8. In all other cases of trespass, by stock,
the party trespassed upon shall be entitled to re-
cover from the owner of the stock trespassing, the
amount of damage done by such trespass, as other

Trespass —
killing or in-
juring stock —
damages, &c.