Litchfield enquirer., 1843-06-22
No. lR.

..... NO. IS.
 An Act in addition to and in alteration of ' An Act entitled An Act concerning Fen
 ces aud Common Fields. ,,....
 SEC. I. Be t enacted by ihe Senaie tAa House of Representatives. in General Assembly commenced: That whenever there is not. or shall not have been division fence between any two adjoining proprietors, whose lands are otherwise enclosed in sevefalty, or when, by distribution, sale or otherwise, a particular enclosure shall be divided between two or more proprietors, and either shall desire to have division fence erected between him the adjoining proprietor or proprictors, and the parties cannot agree, it shall be lawful for any two of the fence viewers of the town where such land is stuated-and if the same is situated in more than one town, then for one fence viewer from each town iTl whirh II is situated--to view said dividing line, first giving reasonable notice of the time when they will meet for that pu, pose, to said pro prietors-and if said fence viewers shall deem it reasonable that such fence should be erected at the expense of each of said ad- joining proprietors, they shall divide and stake out said line and assign to each his portion thereof, and fix and limit time within which the fence thereon shall be erocted and it shall be the duty ot each proprietor to erect on the portion ot said line so set 10 him, a lawful fence. And # either of said proprietors shall make his portion of said fence, and the other proprie- tor or proprietors shall neglect to build his or their portion, within :he time limited as aforesaid, said fence veiwers may build the same, or may authorize or direct the propri- etor who has erected his portion, to build the same, and when said fence is built, by said fence viewers, or by said proprietor, they or he, may recover the expense thereof and the fees of the fence viewers therefor, in an ac- tion of Debt on this statute. sa, f .,asss |,
 SEC. 2. Whenever by sale, distribution, partition or otherwise, a particular enclosure shall be, or has been divided between one or more proprietors and the parties interested cannot agree respecting division of the ex- isling fences, il shall be lawful for any such divided portion of such enclosure 10 call out any two of the fence viewers in the town where such fences are situate.ss and 1t the same are situated in two towns, one of said fence viewers shall be from each town -and said fence viewers shall view said lines of division fence, and make such divis. ions and appor,iontsients thereof as may be necessary to do Justice 10 all the parties, and shall award that such of the parties pay, and such others receive such sums, as in 'he judgement of such fence viewers shall be just and reasonable, to be recovercd in an action of debt. Such award shall be in wri- ting. signed by said fence viewers, descri- hing such division and appointments. and limiting time for the payment of the sumr awarded; and shall be recorded in the re- cords of the town or towns where such fences are situated. And said appor- tionnients and award shall not be invalid, in consequence of any inaccurrcy, if the lo. cation of such division; the respective parties and the sums awarded, can be understood.
 SEC. 3. It shall not be lawful for any per- son to throw his or her enclosure open 10 the commons without the nssent of majority of the fence viewers of ihe town or towns where the same is situated; in writing first obtained and recorded in said town or towns
 SEQ. 4 Nothing herein contained shall extend to enclosures in common fields.
 SEC. 6. So much of the Act 10 which this is in addition and alteration, as is iDconSis- tent herewith, is hereby repealed.
 .... Approved, June 7, !S43.
 No. l0. '. '.s An Act in addition to an Act entitled "An
 EN 1 NAS