Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1853-12-30

ton of any fence on the dividing line Of such
lands such person shall Ll liabla tlr all dain-
n ups done to or suffered by the opposite party
in consequence of such neglect and any per-
son who may thus sustain damages. may after
ten days from notice given to the opposite
party, make or put in repair said fence, and
recover of the person who is required to make
and keep in repair said fence, the full amount
Of .iDmn ges arising from such neFleet, together
with the value for the building and repairing
said fence.
SIC. e. Whenever the lands oftHo M more
individuals shull De lying without division
fence, neither party shall put any horses,
cattle, sheep or swine, or other animals there
on to pasture or to run ut large. until such
owners or others occupying shall mutually
agree to occupy suid land without division
fence and in common.
SIC. +. Whenever the dividing line be-
tween the lands of any person shall be 80 sit
uatcd. that n fence cunnUt Dc built thereon
hv reason of water, or otherwise, and the
owners of such lands cannot agree on u place
to build the same, either party may apply to
the fence viewers Of the town where said land
is situated, who, after giving reasonable no.
tiCc to the opposite party, shall determine
where such fence shall he built, how much
and what part, each shall build and maintain
parties aH If II sns 4rlarcd tq be hpilt on the
dividing line between the lands Of the rcsIrc-
tive owners; and in every such case il shall
be the duty Of the fence viewers to establish
the line Of such fence as near the line between
such l.nds as. in their opinion, will be practi
cable, and each owner of the land at the time
of such division of the fence. shall ever after
be deemed IN possession of any portion Of his
land enclosed with that of the other owner in
consequence of sucn division and should any
disagreement arise in relation ~ the ocru-
lancy Of such lands. the same shall be settled
and determined by the fence viewers Of the
town where the said lands are situated, who
shall, on the application Of either party, after
giving suitable nati"c to thG GplGsitc party.
decide all such matters of disagreement.
SEC. & Whenever one or more of the own
crs Of adjoining lands, or Others occupying,
shall choose to occupy his or their lands and
the adjoining owner or Others Qccupying shall
choose to let his lands lie vacant and COM
mon. the person first wishing to occupy may
build all or so much of the division fence be-
tween their respective lands, as may be nee
cssary for him to occupy his own lands, and
whenever the owner or others, shall COM
mcncc to occupy such adjoining lands, 80 as
to bc benefited by said division fence. such
owner or owners, or pthcrs occupying, shall
pay to the person SO building or repairing
said division fence for his equal portion there
of. the amount to be the value ut the time the
occupant of the last land first began TO be
benefited hy said division fence.
SEC. Q. When any division fence shall be
suddenly injured or destroyed by fire. winds,
or floods, any person who ought hv law to
rebuild or repair the same Shall put the
same in rcrair within ten dnvs after being
thereto required by anv person Interested
therein, and shall nav all damage done the
oppositc rnrty hy animals straying from his
occupied lands to those Of the other party
during the time SUCH fence is out of repair
SIC. 10. lfanv person shall neglect or re-
fuse to make or repair lis portion of such
fence for ten DAYS after such request is made.
the party injured thereby NAV make or repair
the same and the person 50 refusing or neg
lcctinp shall pa, ia thc oprosite party all
damages occasioncd by the neglect of making
such fence. and all the expense of making or
rcnnirinp the same
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