The Rutland County herald. [volume] (Rutland, Vt.) 1852-1855, 1854-01-20
No. pan ACT relating to the
building and repairing of fences.

ph'dihg ana repairing OF frnccs.
SIC. /. All fences four and half
feet high aud in good repair, and all
lakes, ponds, rivers, brooks, creeks,
hedges or bitches, or other things equiv
alcnt to snch fence. shall he deemed lo-
gal and sufficient, except fences on the
sides Of highways, which the owners Of
lands are not bound 10 build and sustain.
and all occupied land bordering upon
highways shall be deemed 10 be the en-
closure of The owner or occupant.
SEC. ?. Each OF the owners of adj
joining lands or others occupying, shall
make aud maintain equal portions of the
division fence between their respective
lands, except such lands rs the owner
or owners thereof shall choose 10 let lie
vacant and common.
SEC. 3. hny person or persons,
owning uncultivaied. unimprovcd, aud
unoccupied lands, aud shall choose 10 let
the same remain open aud common.
shall not be compelled 10 fence the
same.
SEC. 4. Whenever the lands OF two
or more individuals shall be 50 situated
/ that either party may not be compelled
10 build and keep in rcnnir fence on
I the dividing line between their lands re-
/ specliyely, by reason of open or uDoc-
I cupied lands or highways lying between,
each owner or keeper shall be liable for
all damages done on the occupied lands
/ OF others. by reason Of any animal cs.
/ tTnying from his lands and taken on The
occupied lands Of others.
SIC. ). Whenever one Of the own
I crs Of adjoining lands, or others occupy
ing, who does not choose 20 lei his land-
/ lie vacant aud common, as above pro-
/ vided shall neglect TO build or keep in
repair his equal proportion Of any fence
on the dividing line Of such lands, such
person shall be- liable for all damages
done to or suffered By the opposite party
in consequence q such neglect and
any person who may thus sustain dam
ages. may after ten days from notice
given 10 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 fall a.
mount Of damages arising from such
neglect, together with the value for the
building and repairing laid fence.
Src. 6. Whenever the land Of two
or more individuals shall be lying with
out division fence. neither party shall
pat any horses. cattle sheep or swine, or
other animals thereon 10 pasture or to
run at large, until such owners or others
occupying said IaBd without division
fence aud IN cummOn.
SIC. Z. Whenever the dividing line
between the lands Of any persoa shail
be 20 situated, that frucc cannot be-
built thereon bY reason Of water. OF
Otherwise, aud ihe ownrrs Of such lands
cannot agree on place 10 build the
zane, either party may apply 70 ihr
ieace viewers of the town whrre said
land Is situated, who after giving reason.
able notice 20 lhe opposite parry. shall
determine where such fence shall BE-
built. bow much. and siisi part, eari
shali build and mainiain. which decision
shall be a. iiaHl between ihs parties ~
Il il was ordered 90 b. boli on the di.
yiding line betwera the land. Of tie ~
speciiye owners and in esfry soei
case Il shall b. ihe duty II fhe fence
ti~aers 10 establish the line of surl
fence a. pear fhr lin~ h,tnsea sncl
lands as. Ia ihrir spinion, viii be prsr-
ioasie, and each oancr ~ fLf lands "a