The Rutland County herald. [volume] (Rutland, Vt.) 1852-1855, 1854-01-20

with that VI The oilttr owner IN unusc.
quoncr of such division and should any
disagreement arise ,u relation to ihc oc.
rupnncy Of such lands. thr same slal
Ice settled ard determined T., the fncc
viewers of the town where tho sail
lard. arc situated, Who shall. on iho np-
plicaiicn Of either party, after giving
suiinhlc notice io the opposite party.
decide all such matters ct di-arrrrmrnt
SIC. :. Whenever one on morc ct
the owners of adjoining lands, or others
occupying. shall ct oosc to occupy h,s ~
their lands and the adjoining owner or
o'hrrs occupying shall chou,o lo lrl bis
lands Tie vacant and common, the per
son first wishing TO occupy muy huild an
or 80 much OF the division Fence bc.
tween their respective lands. Us may bo
necessary for him to occupy h, own
lands, and Whenever the owner or uih-
rrs, shall commence To occupy such cd.
joining lands, so as to bc benefited by
said division lvncc, such owner OF uwu-
crs, or other, occupying, shall pay TO
the person 30 building or repairing said
division fence for his equal portion
thereof, the amount 80 he the value nt
the time The occupant ot the last baud
first began TO hc benefited by said d.
vision fence,
Nro. .. When any division fence
shall be suddenly Injured or DESTROYED
10y fire. winds, or floods, any person who
ought 10y law 10 build OF repair the
same, shall put the same inrcpair with
IN ten days after being thereto required
10y any person interested therein, and
shall pay all damage done the opposite
party 10y animals siru,ing from his oc-
cupicd lands To those Of the other party
during the time such fence is out Of re-
pair
SEC. 10. Ifany person shall NEGLECT
or refuse 70 make or repair his portion
Of such fence for ten dnys aGar .nol
'rIurs, Is made. the party injured there
by may make or repair ihc same aud
the person so refusing or ncglrciing shall
pny 10 the opposite party all damages
occasioncd hv the neglect of making such
fence. and all the expense OF making or
repairing the same.
SIC. /. In all cases where. 10y The
pro,i,ion of this act, one or more Oft
owners Of adjoining lands is required 10
pay TO another the expenses Of making
or repairing any divi ion fence, or dam
ages for the neglect of making, or for
one half of the value Of division fence,
the same with costs may be recoveredin IN
an action on The case.
SrC. - An agreement. in writing,
between the owners of adjoining lands
relating 10 their division fence, signed
by such owners, Witnessed by two wit
nesses, acknowledged by the parties aud
recorded in the town clerk Office in the
town where such fence is situated, shall
be good aud valid against the parties
'hGSf l"ifS. ""I, sniRnS, ,n. .,.,.., .......,.
fence viewers of any town or "A majority
of them. ON request, to examine nll
fences within their respective towns.
and division by Them LEGALLY made
in all eases propcr for them 10 deter
mine. shall be final and conclusive be.
tween the parties interested therein 4:
and If any fence viewer shall ncplect to
perform the duties required Of him by
law. he shall forfeit 10 the Marty az
griryed the sum of fIc dollars, with
costs
Src. IA. II shall be the duty of the
fence viewers. whenever called upon 10
act. in all eases. 70 give notice 10 tEr mar
ties interested. or TO their icnnnis or
agents. of the lime when they will ox.
anime nny fence or line between adioin-
ina lands. before they make nuy diyis-
ion re'ating 10 the same mud in all cas-
cs in which Ccnceyiewcrs sholl max . any
al, ision of fence. or shall anp,nise the
value of any fence made ar repnired or
shall examine as TO the suiIiciency Of
any fence. ,bey shall certify the same
officially. and In oll cnscs in which fence
viewers shall make division Of fence.
aud .hall certify the same officially, said
certificates being recorded in The town
clerks Office in the town where tie said
line is situated. shall be good and valid
against the parties, their heirs aud as-
signs.
Src. 10. II The line on which d.
vision fence is To be built or maintained
H.
/ parties do not nerec npon the division
aud portion each shall make and main
tain. the same shall be determined hy II
board OF fence viewers consisting OF one
or more from each OF The towns between
which such line Is situated, ~ which
case such board OF fence viewers shall
I proceed TO give notice to the parties,
make the division and make an official
certificate ia The same manner a. Is de-
scribed for fence viewers in the pre-
ceding sections Of ihis act, which crftif-
cate ia the same manner as IL described
/ for fence viewers IN ihe preceding see
I t... IL ii T. ..t ..It.t ,.,.sg..,. 4 .,,...