The Olneyville times. (Olneyville [Providence, R.I.]) 1887-1917, 1902-08-08

the General Laws. Entitien ''DT rences.
(Passed April 4. 1902
II is enacted by the General Assembly as
follows:
Section !. Sections 5. 6. ana OF chapter
126 Of the General Laws are hereby
amended 80 as 10 read az follows;
"Sec. 8. Whenever any proprietor, pos
SCISSOR, or owner OF land shall neglect or
refuse 90 repair. build, or rebuild any par
tition fence or shall Withdraw his fence
from any dlvision-Ine. the aggrieved par
~ may complain 10 any fence-yicWer Of
the town. who. after ten days' notice 20
such proprietor, pOsse8sor. or owner shall
attend and view the same; said notice, n
the address Of the owner is not known 10
the said fence-viewer, 70 be given by post
ing up the same Ia three or more public
places In the town where the lands lie
and II he shall find said complaint 20 be
true. he shall in writing order the dslin-
quent party 10 repair, build. or rebuild
the same within such time as he shall
therein appoint not exceeding fifteen
days and shall lodge copy OF said order
In the office OF the town clerk Of the town
In which the land Is situated.
"scc. g. n such order shall not be COM
piled with the complainant may build. re-
pair. or rebuild the said fence in the man
ncr set forth in said order, and when the
same shall be completed 10 the Hatlsfac
tion Of such fence-vlcWer he shall asccr-
Of the same, including also his fees. 10 the
complainant, who shall be entitled TO de-
mand ana recover Of the party delinquent
double the sum In said certificate mem
TONED, and interest at the rate OF twelve
per ccntum per annum. The said fence
viewer snail lodge Ike certificate, 10 be
signed by him, In the town clerks Office
of"he town Ia which such land lies. and
the double sum above mentioned shall be
a lien on the land Of such delinquent par
ty and shall attach at ana frdNl the time
OF the fling Of the order In the town
clerks ONCE, ss provided ln section five
Of this chapter, ana may be recovered In
an action OF trespass on the case. If the
defendant cannot be found within the
state said writ shall be served by leaving
an attcstcd copy therc.. BIO iur cierKs ot.
ncc Of the town wherein HJli band is Mtu-
atcd. ana the judgment lI E1id action may
be- satisncd by mn execution issued there
on, levied ana served in the same manner
as provided for the levy ana service Of
executions In actions al law.
"Scc. s. Whenever any controversy or
dispute sh8l arise about the rights Of the
respective occupants or owners In divl-
sion lines or partition fences and their OBJ
legations TO maintain the same either par.
~ may apply 10 a fence viewer OF the
town where the lands lie. who. after ten
days notice 10 cach party. to be given as
provided In section five Of this chapter.
may ln writing determine said division
line ana assign 20 each his part OF said
partition fence and direct the same within
which each party shall erect. build, or re-
pair his part OF the said fence, which line
and assignment being recorded I'm hie Of
ncc OF the town clerk shall be binding on
the parties and all succeeding owners and
occupants OF the lands, ana they shall al
ways thereafter maintain their respective
parts OF said fence, until the rights or the
respective parties shall be differently de-
termlned I'm some proper action"
Sec. 2. All acts ana parts OF acts incon-
sistcnt herewith are hereby repealed, and
this act shall take effect from and after
It's passage.