1042 LAWS OF MARYLAND [CH. 507

shall be made, cleaned out and repaired by the parties respec-
tively owning or occupying the said adjoining lands, at their
joint and equal expense; and upon failure of either of 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. If
either one of the two adjoining proprietors of lands desires to
construct, make, dig out or repair such partition drain or line
ditch or drain as a boundary line between his own lands and
those of the adjoining proprietor (in case the same cannot 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 partition, drain or line ditch or of re-
pairs 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 ex-
tent of bearing one-half the cost and expense thereof; and if
said adjoining owner shall fail or neglect within the said
thirty days to assist him as aforesaid therein, 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 centre of said ditch, at his own costs and expense
and in the ordinary way by paying the current prices for labor,
and he shall keep an itemized account of such costs of con-
struction 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 same be under one hundred
dollars, and before the Circuit Court if a half thereof amounts
to more than one hundred dollars. Provided, the said adjoin-
ing proprietor, after receiving said notice, if he thinks the
making or repairing of such partition drain or line ditch un-
necessary, 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,
requesting him to select one also to represent him in the