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CHAP. 212.
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it shall be and is hereby declared to be the duty of said
persons and obligatory upon them to make said fences in
pursuance of such agreement, and it shall be the duty of
each of said persons to keep his or her respective portion
of said fences or fence so made in pursuance of said
agreement, or already made as aforesaid as the case may
be, in good repair, and if either or any of said persons
shall fail or neglect to make such fences in pursuance of
said agreement, or to keep or put said fences so made or
already made as aforesaid as the case may be, in good
repair within twenty days after he or she shall have been
notified and requested so to da in writing, by either of
the parties to such agreement or by either of the parties
who may have joined in making any division fence now
in existence in pursuance of an agreement between the
parties as aforesaid, it shall and may be lawful for the per-
son having made such request as aforesaid, to apply to a
justice of the peace of the county, who upon proof being
made to his satisfaction, that the notice and request has
been given and made as aforesaid, and that any or either
of said parties has refused to comply with the aforegoing
provisions of this act, to order and direct in writing that
the person so applying to him may and shall make said
fences or put said fences in repair as the case may be, and
the cost thereof shall be chargeable to the party or parties
to such agreement as aforesaid or to the person or per-
sons who shall have neglected or failed to make or repair
as the case may be, the fence or fences aforesaid, and the
person making or repairing said fence or fences as afore-
said, shall recover the cost thereof, of and from the party
or parties, person or persons having failed to make or put
in repair as the case may be, said fence or fences, in an
action of debt before a single justice of the peace, if the
said cost shall be less than one hundred dollars, or in ac-
tion on the case for money paid, laid out and expended,
in Baltimore county court if the said cost shall exceed
one hundred dollars.
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Five feet
high, &c.
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Sec. 2. And be it enacted, That the fences so to be
made or kept in repair in pursuance of this act, shall be,
if a worm fence of ordinary good height to be ascertain-
ed by three freeholders as damages are hereinafter direct-
ed to be proven and assessed and to be made sufficiently
close to prevent hogs or pigs from pressing through the
same, and if a post and rail fence, then it shall be five
feet in height with not less than five rails in each pannel;
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