The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1865-12-02
The Law on Fences.

For the information Of \ Correspondent in the
7th District, and the public generally, We make
the following extract from Art. 3D., of the Mary
land Code t f5
l02. In all cases in which two or more per-
sons in said county have agreed or shall agree to
join in making division fences between their re-
spective lands each of said persons shall make
and keep in good repair his portion Of such
fence.
los. If either of said persons shall fail or me-
glect to make such fence in pursuance of his
agreement, or to keep or put the same in good
repair within twenty days after he shall have
been notified and requested so to do, in writing,
by the parties to such agreement, or by any per-
son who may have joined in making any divi-
sion fence now in existence in pursuance OF an
agreement heretofore made, The person making
the request may apply to justice of the county,
who, upon proof being made that the notice and
request has been given as aforesaid, and that any
or either of the parties has refused to comply
with the provisions of the last preceding section
shall order and direct in writing that the person
so applying to him may make said fences, or put
the same in repair, as the case may be, and the
cost thereof shall be chargeable 10 the party or
parties whose duty it was TO make or repair the
same, and may be recovered by the person maxi
ing or repairing said fences, in an action Of debt
before any justice of the peace of said county or
by suit in the Circuit Court for said county, if
the amount expended shall exceed one hundred
1U4. The fences So 10 Ue made or Kept in re-
pair shall be, if a worm fence, of ordinary good
height, 10 be ascertained by three freehoders as
directed by the next succeeding section, and
shall be sufficiently close TO prevent hogs or pigs
from pressing through the same and if a post
and rail fence, shall be FIVE feet in height with
not less than five rails in each panel Procide9,
said fence be not within FIVE miles from the city
of Baltimore.
los. Ifany person not having his lands en-
closed with such fence or fences as are mentioned
in the last preceding section of this article, shall
impound, kill or otherwise damage any hog
COW, sheep, horse or other cattle or stock which
shall be found on his lands, the owner Of such
hog, COW, sheep, horse or other cattle may apply
to justice of the peace of the county, who shall
Issue summons for damages against the person
so doing or causing such damage, for the use of
the person injured.
l06. The justice shall also, at the time of is
suing said summons, issue summons to three
freeholders of said county, requiring them, or a
majority of them, 10 meet on the premises, and
ascertain and value the damages SO done, and to
appear before said justice ON the return day Of
the summons against the defendant, to testify in
the premises and the said justice, upon due
proof of all the facts aforesaid being made to him,
shall give judgement in favor of the plaintiff
against the defendant, for such sum as the said
freeholders, or majority of them, shall have
testified to be correct and proper damages.
l07. The said freehoders shall be allowed
the same per diem as witnesses before q justice
OF the peace, for each day they may be engaged
in the performance of the duties hereby imposed
upon them.
los. Nothing contained in this article relating
to fences shall extend or be applicable to hogs or
swine, going at large within five miles OF the
bounds ofthe city Of Baltimore.