HARRY HUGHES, Governor

1869

enclose [said] THOSE lands at their joint expense, unless
[said] THE lands are not cultivated and have been used as
general outlets or commons.

172.

All [such] joint division fences shall be substantially
built, and If made of iron, wire, stone, hedge, post and
rail or plank, shall be four and a half feet high, [, but]
HOWEVER, if THEY ARE made of cap and stakes or stake and
rider, commonly called worm fences, THEY shall be five feet
high.

173.

If either his tenant, [or] overseer, or other
representative shall refuse or neglect to make or keep in
good repair his portion of [said] THE fence after [thirty]
30 days' notice in writing [shall have been] WAS given TO
EITHER him, his tenant, HIS overseer or SOME other
representative by the person aggrieved, the person [so]
aggrieved may [proceed to] make or repair the [said] portion
of THE fence and file with [a justice of the peace of] THE
CIRCUIT COURT FOR the [said] county an itemized statement
showing the exact costs of making or repairing the [said]
fence ALONG with proof of WRITTEN notice [aforesaid,
whereupon the said justice shall docket a]. A case against
the owner of the land SHALL BE DOCKETED, and [notify said]
NOTIFICATION GIVEN THE owner, his tenant, overseer or other
representative in case the [said] owner is a new resident of
Calvert County. [, and five] FIVE days after [such] THAT
notice the [said justice shall hear the] case[,] SHALL BE
HEARD to determine whether the work has been performed, and
the reasonableness of the charges for making or repairing
the [said] fence. [, and enter] THE COURT SHALL ENTER
judgment in favor of THE plaintiff for the actual cost of
making or repairing [said] THE fence and THE costs of THE
suit. [, which] THIS judgement shall become, when recorded,
the first lien upon the land over and above any mortgage
judgement or any other evidence of debt.

174.

If any owner, his tenant, HIS overseer or other
representative OF HIM having an interest in any joint
division fence [, shall fail] FAILS to make or keep in
repair his part [thereof] OF IT, he [shall not be] IS NOT
entitled to damages on account of any trespass through
[said] HIS part[,] by stock belonging to another joint
owner, his tenant, overseer or other representative. [; and
if said] IF THE owner or other person [shall kill, maim]
KILLS, MAIMS or otherwise wilfully [injure such] INJURES THE
stock, he shall PAY, upon conviction, [pay] to the owner the
full value of [said] THE stock, with costs of suit, and
shall [also] be liable ALSO to a fine of not less than [ten
dollars] $10 [nore] NOR more than [fifty dollars] $50, and,
in default of payment of [such] THE fine, to be imprisoned