Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1853-12-22

straying from his occupied lands to those Of the
DINER party during the time such fence is out Of
repair.
Sec 10. If any person shall neglect or refuse
TO make Oh repair his portion Of such fence for
ten days after such request is made, the party
injured thereby may make or repair the same
and the person so refusing or neglectng shall
pay 10 the opposite party all damages occssioned
by the neglect of making such fence, and all
the expence OF making or repairing the same.
Sec. III. In all cases where, by the provisions
OF this act, one or mnre of the owners of a1join-
ing lands IL required to pay to another the ex.
pense OF making or repairing any division fence,
or da,nages for the neglect Of making, or for one
half OF the value of division fence, the same
with costs may be recovered in an action on the
case.
Sec. IL. An agreement, in writing, between
the owners Of adjoining lands relating TO their
division fence. signed by such owners. witness.
ed by two witnesses, acknowledged by the
parties and recorded IN the town clerks office
IN the town where such fence is situated, shall
be good and valid against the parties, their
heirs and assigns.
Sec 10. It shall be the duty of the fence
ewers of any town or a majority of them, on
request, to examine all fences within their re-
spectlve towns, and division by them legally
made, in all cases proper for them to determine,
shall be final and inclusive betwaen the par
ties interested tlleren and if any fence viewer
shall neglect to perform the duties required Of
him by law, he shall forfeit to the party ag
grieved the sum o five dollars, with cost
Sec IA. 1t shall be the duty of the fence
viewers, whenever called upon TO act, in all cases,
20 give notice to the parties interested or to
their tenants or agents OF the time when they
will examine any fence or line between adnn
ing lands, before they make any division relat-
ing 10 the same; and in all cases in which fence
viewers shall nuke any division Of fence, or shall
apPraisc THE vluc Of any fence made or repaired,
or shall examine as to the sufficiency of any
fence, they shall certify the same officially. and
IN all cases in which fence viewers shall make
a division of fence and shall certify the same
officially, SAID certificates being recorded in the
town clerks office in the town where the said
line in situated, shall be good and valid against
the parties, their heirs and assigns.
Sec Is II the line on which division fence
is to be built or maintained is the line between
two towns, and the parties do not agree upon the
division and portion each shall make and main
tain. the came shall DO determined by board
of fence viewers consisting Of one or more from
each of the towns between which such line is
situated, in which case such board Of fence
viewers shall proceed to give notice 70 the par
ties, make the DIVISION. and make an official GER
tltlcate IN the same manner as is described tor
renee viewers In the predicting sections OF this
act, which certificate, being recorded in the town
Clerks office in each OF The respective towns,
shall be good and valid against the parties, their
heirs and assigns
Sec. l6. Section sistcen Of chapter ninety
two, and all OF chapter nne,y-four of the COM
piled statutes, and an act relating to pounds, ap-
proved November II. 1852, are hereby repealed.
Approved, December 6, 1853.