1834.

LAWS OF MARYLAND.

CHAP. 154.

the remainder of them shall and they are hereby authorised
to fill such vacancy, and the Levy Court, is hereby required
to levy as aforesaid the sum oi two dollars per day, for each
and every day the said commissioners act as such, for which
an account shall be rendered to the said court with the oath
or affirmation of said commissioners.

CHAPTER 154.

Passed Mar. 11, 1835

An act regulating Joint Fences in Kent County.

Section 1. Be it enacted by the General Assembly of Mary-
land, That wherever joint fences have been, or may be es-
tablished in Kent county, for the mutual benefit and advan-
tage of different owners or possessors of adjoining lands, it
shall be the duty of each party to keep up in good repair, his,
her, or their just and respective portions thereof: in the man-
ner following, that is to say, all post and rail or plank fences,
shall be at least four feet six inches high, and not more than
four inches between the lower and second, and not more
than five between the second and third rails, and all worm
or other fences shall he five feet high, the height of said
fences in every case to be computed from the ground or base
of any embankment upon which said fence may be erected.

Party failing

Sec. 2. And be if enacted, That if either of the parties
so making or keeping a joint fence, shall not comply with
the foregoing provision, and shall refuse or delay to repair
the said fence within twenty days after notice in writing
shall he given to the said party, his agent, tenant, or over-
seer, then upon proof thereof before any justice of the
peace, it shall be lawful for the said justice under his hand
and seal, to authorise the party aggrieved and suffering by
such refusal or delay to repair or construct the joint fence, as
above required and for such repairs or construction as the

Method of redress

case may be, shall be reimbursed all costs and reasonable
expenses incurred, to be recovered from the parly so refus-
ing or delaying, in the same manner as debts of a like
amount are now recoverable, all which said costs and ex-
penses shall be assessed by two discreet sensible individuals,
one to be selected by each party, and in case of the neglect
or refusal of the party so neglecting to repair or construct,
then it shall and may be lawful for the party aggrieved, after