Montour American. (Danville, Pa.) 1866-1920, 1905-07-27
LAW REGARDING
LINE FENCES
OF Interest to MOntour County
Citizens.

An act of the Assembly approved by
Governor Pennypacker on the 1tn of
April, 1905, regulating the method and
procedure in the erection of line or
partition fences of which Montour
county citizens, and particularly the
farmers of the county, are ignorant j.
as follows:
Whereas from the different acts of
Assembly in regard to fence laws in
the Commonwealth grave complica-
tions and litigatioas arise between
owners of real estate as TO the line of
partition fences:
Section. Be it enacted. etc. That
from and after the passage Of this act
owners of improved and occupied land
shall erect and maintain an equal pant
of all line or division fences between
them, nor shall any such owners be re-
lieyed from liability under the provis-
ions Of this act except by the consent
of the adjoining owner aud if any
owner of such improved and occupied
land shall fail or neglect to erect or
maintain his. her or their share of such
liue or division fence, the party ag-
grieved shall notify the township or
borough auditors, whose duty 1t shall
be TO examine such line or division
fence, so complained of aud if they
find said fence sufficient, the complain
ant shall pay the costs of their services
bat if they find such fence Insufficient,
they shall so report to a justice OF the
peace, residing in the county where
such fence is located, designating the
points and distances Of such fence,
whether a new fence is required or
whether the old one can be repaired,
and the probable cost of the new or
the repair of the old fence and said
justice shall notify the delinquent
owner of such improved ana occupied
land of the auditors report, and that
his part of said fence as found by the
auditors, be erected or repaired with
in forty days from the date of such
notice and if such notice is not COM
piled with, the aggrieved party may
cause said line or division fence to be
erected or repaired, and the costs there
of collected from the delinquent own
er of such improved ana occupied
land, as other debts are collected by
law. Provided, however, That no own
er of improved land shall be compell-
ed to build or repair fence during the
months of December, January, Feb
ruary and March: And provided fur
ther, That nothing herein contained
shall be construed to apply to railroad
companies.
Section 2. Where an owner has i'm
proved up to and erected upon the line
a division fence, and an adjoining
owner, subsequently improves and oc
cupies up to the said line, he shall be
come liable TO the former for such part
of the cost of said fence as is just and
reasonable, taking into consideration
the quality of the fence, the length of
time it had been erected and its con-
dition. And in case the parties fail
to agree on the amount to be paid, the
owner who erected said fence may
complain to the auditors, aforesaid,
who shall assess the amount which, in
their opinion, the other party should
pay; which amount, with costs, may
be recovered as provided in section
one of this act.
Section }. All acts or part, If acts
inconsistent with this act are hereby
repealed
Approved the lIth day Of April, a.
D., 1908.
SAM'L. W. PENNYPACKER.