The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1854-01-04

situated, who, after giving reasonable t.
the opposite party, shall determin,
where such feucc shall be built, how
much. and what part, each shall built
and maintain. which decision shall be a
final between the parties as if it was or
dered to he built on the dividing line be
tween the lauds of the respective owners
aud in every such case it shall bc I'll,
duty Of the fence viewers to establish
the line Of such fence as near the line be
tween such lands as in their opinion
will be practicable, and each owner o.
the land at the time Of such division o
the fence, shall over after be deemed il
possession Of any portion of his laod en-
closed with that Of the other owner it
consequence Of such division and should
any disagreement ar Sc in relation to tho
occupancy Of such lands. the same shal
be settled and determined BY the fence
! viewers Of the town whore said lands arc
situated, who shall, OH the application al
either party, after giving suitable notice
to the opposite party, decide all sucl
matter of disagreement.
Sec. 6. Whenever one or moro Of the
owners Of adjoining lands or others oc
cunyihg. shall choose to occupy his or
their lands. and the adjoining owner or
others occupying shall choose to let his
lands lie vacant and common. the person
FIRST wishing to occupy may build all OF
30 much Of the division fence between
their respective lands. as may be noces
sary for hiru to occupy lis own lands
and whenever the owner or others, shall
commence to occupy such adjoining
lands, so as to be bent ftod by said di7i
sion fence, such owner or owners. or 9th
ers occupying. shall pay to the person SC
building or repairing said division fence
for hi' equal portion thereof. the amount
to be the value at the time the occupant
Of the last land first began to be beno
/ fitted by said division fence.
/ Sec. Q. When any division fence shall
be suddenly injured or destroyed by fire
winds, or floods any person who ought
by law to rebuild or repair the same
shall pu, the same in repair within ten
days after being thereto required by any
person interested therein, and shall pay
all damages done the opposite party by
animals strayng from his occupied land,
to those Of the other party daring tho
time such fence is ont of repair.
See. 10. If any person shall neglect
or refuse to make or repair his portion
of such fence for ten days after such re
quest is made, the party injured ihereb,
may make or repair the same ard til,
person so refusing or ncglcctrg shal
pay to the opposite party all damage
occasioucd by tho neglect Of making sucl
fence, and all the expense Of making o.
repairing the same.
Sec II. In all cases where. b. tht
provisions of this act. one or moro Of th
owners of adjoining lands is required t,
pay to another the expense Of making 0
repairing any division fence, or damage
for the neglect of making. or for on
half of the value Of Il division fence, tn
same with costs may be recovered in n
action on the case
Sec IL An agreement. in writing
between the owners Of adjoining land
relating to their division signed by sue
owners. witnessed by two witnesses. aC
knowledged by tho parties and rocorde,
in the town clerks Office in tho tow
where such fence is situated. shall ,
good and valid against the parties, thei
heirs and assigns.
Sec. l3 1t shall be the duty Of III
fence viewers Of any town or a majorit
Of them on request to examine all fence
within their respective towns. aud i
vision by them legally made IN all case
proper for them to determine. shall b
final and conclusive between the partie
interested therein and if any fenc
viewer shall neglect to perform the du
ties required of him by law. heashall for
felt to the party aggrieycd the sum c
five dollars, with costs
Sec. Ii. 1t shall be the duty Of til
fence viewers, whenever called upon t
act. in all eases, to give notice to III
parties interested, or to !heir tenants o
agents, of the time when they will exam
inc any fence or line between adjoiniu,
lands before they make any division re
lating to the same and in all cases i,
which fence viewers shall make any III
vision Of fence, or shall appraise the val
ne of any fence made or repaired, O
shall examine as to the sufiicicncy Of au,
fence, they shall certify the same official
ly, and in all cases in which fence yieH
crs shall make a division of fence, an,
shall certify the same officially, said Ger
tilicates being recorded in the town
clerks Office in the town whore tho saiC
/ line is situated, shGll be good and vail,
against the parties, their heirs and rs
signs.
Sec. ID If the line on which div
sion fence is to be built or n.aintained il
the line between two towns. and tht
parties do not agree upon the division
( and portion each sliallnlake aud maintain
the same shall be determined by board
Of fence viewers consisting of one ol
moro from each Of the towns betweer
which such limo is situated, in which
case such board Of fence viewers shall
proceed TO give notice to the parties
make the division, and make an oficial
I certificate in the same manner Us is dc,
scribed for fence viewers in the prccel
ing sections Of this act. which certificate
being recorded in the town clerks Office
in each Of the respective towns, shall he
gsod and valid against the parties, their
heirs aud assigis.
See rs. Section sixteen Of chapter
ninety two, aud all of chapter ninety
four Of the compiled statutes, aud an act
relating to pounds. approved November
IL, 1852, are hereby repealed
Approved, December 6, 1853. -r