Litchfield enquirer., 1865-10-05
CHAPTER CXXXIv. An Act in relation to Fences along the Lines of Railroad. .--

Railroad. Be it enactsdby the Senate aud House of Rcpre sentatives in General Assembly convs,sed:
 SEC l. Whenever any owner of land on the line of any railroad while said road is or shall be in process of construction or after said road hal been or shall have been constructed, shall com plain in writing to the general railroad commis sionefs that the railroad company constructing or operating said road neglects refuses to erect suitable fence along said line, to the damage ol inconvenience of said land owner, it shall be the duty of said commissioners to visit and examine the locality where said grievance is so alleged tc exist and if, in the opinion of said commission ers there is just cause for said complaint said commissioners shall give order to said company to erect suitable fence at said place, in such manner and within such time as in said order said commissioners shall prescribe. Said order shall be served in writing on said company, in the manner and form provided for the service o1 directions upon railroad companies, by section 11th of the act of 1853, entitled, An Act to pre-
 vent njuries and the Destruction of Life by Rail
 roads and by Railroad Trains.
 SEc2 If any railroad company shall neglect or refuse to erect said fence in compliance with said order of said commissioners, said company shall forfeit and pay the sum of fifty dollars for each and every day's neglect or refusal so to do one -halfof which forfeiture shall go to him who shall prosecute therefor to effect, and the other half shall go to the treasrer of this State for the use of the state, 4s. 5aH-41 .E.
 SEQ. g. In all cases where it is or shall be the duty of any owner or owners of land to fence along the line of any railroad in this State, if said owner or owners shall neglect to erect a suitable fence in said place. and i in the opinion of said commissioners, such fence is needed in said place, it shall be the duty of said commis- sioners to notify said owner or owners in writing that unless such fence shall be erected within 8 time to be specified in the notice so given by said commissioners, the railroad company whose line is adjoined by said and will be required to erect f,roa of<h <ho and charOp Of said land owner or landowners, as is now provided by law !; and if said owner or owners shall not erect such fence within the time so limited in said notce, said commissioners shall then notify said railroad company of their action, and Of said neglect of said land owner or landowners, and shall give order in writing to said company to erect such fence within such time as said order shall limit. Said order shall be served in the manner provi. ded for the service of similar order in section
 first of this act. If said company shall neglect or refuse to comply with the terms of said order said company shall suffer the same forfeiture pre-. scribed for similar offence in section second, of this act, and said forfeiture shall be recovered in the same manner as is in said second section provided. Whenever any. railroad company shall have incurred any expense in the erection of such fence, in compliance with the the provi. sions ofthis section, such expense having first been ascertained and approved by said com mis- sioners, shall constitute a lien in favor of said company upon the land or lands against which said fence is erected and adjoining and connec. ted herewith, owned by the person or persons whose duty it was to erect said fence; and said lien shall take precedence of every other lieu ol incumbrance upon said land or lands, and said lien may be foreclosed by said company like . mortgage,r0 Basgis,lfj ,sse55 ssy5 F.--a ssssa #,
 Provided however, that said lien shall cease to exist unless said company shall, within sixty days after the completion of said fence, lodge with the town clerk of the town in which said
 land or lands shall be situated, certificate des. cribing the premises on which said lien shall be