The Providence news. (Providence [R.I.]) 1891-1906, 1902-06-18
CHAPTER 9o2.

AN ACT In Amendment OF Chapter 12e of
the General Laws. Entitled "of
Fences"
(Passed April 4, 1902
II is enacted by the General Assembly as
follows:
Section 1. Sections 8. 6 and s Of Chapter
l26 OF the General Laws are hereby
amended 80 as TO read as follows:
Sec. .. Whenever any proprietor, pos
sessor or owner OF land shall neglect or
refuse TO repair. build. or rebuild any
partition fence or shall withdraw his
fence from any division line, the aggriev-
ed party may complain TO any fence
viewer OF the town. who, after ten days
notice 10 such proprietor. possessor. or
owner shall attend and view the same;
said notice. IL the address OF the owner Is
not known 10 the said fence-yiewer. to be
given by posting up the same in three or
more public places in the town where the
lands lie, and IL he shall find said COM
plant 10 be true and shall in writing or
der the delinquent party to 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.
Sec. 6. II such order shall not be COM
piled with the complainant may build. re-
pair, or rebuild the said fence In the man
ner set forth in said order. and when the
same shall be completed TO the satisfac-
ton OF such fence-viewer he shall asoer-
tain the cost thereof and give a certih-
cate of the same, including also his fees.
to the complainant, who shall be entitled
10 demsanu and recover OF the party de-
linquent double the sum I'm said certih-
cate mentioned, and interest at the rate
OF twelve per centum per annum. The
said fence-viewer shall lodge a like GER
tifcate, TO be signed by him. in the town
clerks office of~the town I'm which such
land lies. and the double sum above mem
toned shall be lien on the land OF such
delinquent party, and shall attach at and
from the time OF the filing OF the order in
the town clerks office, as provided In sec
tion five OF this chapter, and may be re-
covered in an action Of trespass on the
case. II the defendant cannot be found
within the state, said writ shall be serv-
ed by leaving an attested copy thereof In
the clerks office OF the town wherein
said land is situatc>', and the judgment
In said action may satisfied by an ex-
ecution issued ther,tn, levied and served
In the same manner as provided for the
levy and service of executions in actions
at law.
Sec. s. Whenever any controversy or
dispute shall arise about the rights OF
the respective occupants or owners In
division lines or partition fences and
their obligations TO maintain the same,
either party may apply TO a fence viewer
of the town where the lands lie who. af-
ter ten days notice to each party, TO be
given as provided In section FIVE OF this
chapter. may in writing determine said
division line and assign to each his part
OF said partition fence. and direct the
same within which each party shall erect.
build. or repair his part OF the said fence,
which line and assignment being record
ed in the office OF the town clerk. shall be
binding on the parties and all succeeding
owners and occupants OF the lands, and
they shall always thereafter maintain
their respective parts OF said fence, un-
I'll the rights OF the respective parties
shall he differently determined In some
proper action"
Sec 2. All acts and parts OF acts In
consistent herewith are hereby repealed.
and this act shall take effect from and af-
ter Its passage.