WILLIAM GRASON, ESQUIRE, GOVERNOR.

1839.

CHAPTER 123.
An act relating to Partition Fences, in Somerset County.

Be it enacted by the General Assembly of Maryland,
That partition fences between the adjoining fields of dif-
ferent proprietors, now existing or which may hereafter be
established by mutual consent in Somerset county, shall
be made and" repaired by the parties respectively owning
or occupying the fields at their joint and equal expense,

CHAP. 124.

Passed Mar 13,
1840.

Expense of re-

pairing parti-
tion fences, to
be paid jointly.

and upon failure of either party to make or repair and
keep in good order his or her respective proportion of
such fence, or to pay his equal share of the costs thereof,
the party so failing or neglecting shall be answerable for
his proportion of the cost of making or repairing such
fence to the other, in an action of debt to be recovered
before a justice of the peace, in the manner prescribed for

In case of fail-

ure.

the recovery of small debts out of court; provided, that
no person shall be answerable unless the said fences shall
be constructed out of the usual materials and in the ordi-
nary way that fences are constructed in the said county;
provided also, the party before he or she shall proceed to
repair any such partition fence, shall give at least thirty
days notice of such repair being necessary, and his or her
intention to proceed to do the same, then in that case the
party so neglecting shall be subject to the provisions of
this act.

CHAPTER 124.

Provisoes.

A further supplement to an act, entitled an act regulating
damages in cases of Suits for Trespass done by Stock,
so far as relates to Baltimore County.

Passed Mar. 13,
1840.

Be it enacted by the General Assembly of Maryland,
That the act to which this is a supplement, shall be con-
strued to be applicable to Baltimore county only, and not
to any other county in the State.

To be construed
to apply to Bal-

timore county.