Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1918-03-29

of the cost of making or repairing said
fence and shall deliver a copy of said award
to each party interested. or his agent, ten
ant, or other representative. -
Sec. 4. And be it further enacted, That
each freeholder who shall be called upon
o act under the preceding Section of this
subtitle of this Article shall be entitled to
two dollars and fifty cents day for his
services, to be paid by the party aggreved.
and recoverable by him as costs if the
award of the examiners provided in Sec
tons 2 and be in his favor and so pro-
vided.
Sec. S. And be it further enacted, That
If either of the parties keeping joint
fence between arabic lands shall refuse or
delay to repair his proportion thereof with
in twenty days after the award made or
given to him or his agent as aforesaid,
upon proof thereof before justice of the
peace. the justice may, under his hand
and seal, authorize the party aggrieved to
repair the fence. and for so doing he shall
expenses necessarily incurred by him in
and about the same, to be recovered from
the party so refusing or delaying in the
manner debts of like amounts ore recov-
cradle and said costs and expenses shall
be first lien on the adjacent land or farm
of the person who shall have refused or
delayed to make and repair the fence, pro-
vided the proceedings to enforce such lien
shall be begun in the Circuit Court for
Montgomery county in equity by the party
in whose favor said lien may be. or by his
personal representative. within twelve
months after such repair shall have been
done; and the said Court is hereby vested
with full jurisdiction in the premises. which
Jurisdiction shall be exercised as in the
enforcement of liens in other cases in
equity.
Sec. 6. And be it further enacted, That
If any person having an interest in any
joint division fence shall fail to make or
keep in repair his part thereof, he shall
not be entitled to any damages on account
of any trespass through said part Of stock
belonging to the other joint owner of said
fence and II he shall kill main, or other
wise injure such stock, upon conviction
thereof. he shall pay to the owner Of said
stock the full value thereof. with costs of
suit and IL such person be married
woman. she shall be liable under this Sec
ton Of this subtitle of this Article as fully
as If she were feme sole. and her separ-
ate estate shall be responsible therefor.
Sec. z. And be it further enacted. That
in all other cases of trespass by stock, the
the party tresspassed upon shall be enti-
tied to recover from the owner OF the stock
trespassing the amount of damage done
by such trespass as other debts are now
recovered and in case the owner Of said
stock shall be a married woman, she may
be sued therefor and judgment may be
recovered against her as fully as II she
we're feme sole. which said judgment
may be enforced by execution against her
separate estate; and the stock so found
trespassing shall be also liable, in all cases,
for the damage committed, and may be
held by the party trespassed upon and
damaged until the full amount of such
damage and the cost of keeping and i'm
pounding such stock shall be paid and
judgment rendered for such damage shall
be a lien upon said stock so found tres
passing from the date of said trespass.
which said lien shall not be affected nor
destroyed by any alienation sale or other
transfer Of said stock subsequent to the
date of said trespass.
Sec. 8. And be 1t further enacted, That
If joint fences are not kept in repair ac-
cording to the provisions Of this Act. the
party aegrieved or likely to be injured in
stead of pursuing the remedy prescribed
in the said Sections, may discontinue the
said fence upon giving three months no.
tice in writing to the party refusing or de-
laying. his agent or tenant and in all other
cases (unless by mutual consenD twelve
months notice shall be required to dis
continue any joint fence.
Sec. 8. And be 1t further enacted, That
should the owner Of arabic land who may
be proceeded against under the preceding
Section of this subtitle be a nonresident
of the State of Maryland and have no
agent. employee, tenant or representative
living upon said land. in such case any
notice provided for in the preceding sec
tons may be stuck upon the door Of tho
principal dwelling house upon said land,
and If there be no such dwelling house.
then on some prominent object on said land.
Sec. 10. And be II further enacted. That
this Act shall take effect June I. 1918.