LAWS RELATING TO AGRICULTURE. Ig9 



rivers, ponds, creeks, ditches, and hedges, or other things, 

 which in judgment of the fence viewers having jurisdiction 

 thereof, are equivalent thereto, shall be accounted legal and 

 sufficient fences. 



Sec. 2. The occupants of lands inclosed with fences shall 

 maintain partition fences between their own and the adjoining 

 inclosures, in equal shares, while both parties continue to im- 

 prove them. 



Sec. 3. If any party neglects or refuses to repair or rebuild 

 any such fence, which he ought to maintain, the aggrieved 

 party may complain to two or more fence viewers of the 

 town where the land is situated, who, after due notice to such 

 party, shall proceed to survey it, and if they determine that 

 it is insufficient, they shall signif}^ it in writing to the delin- 

 quent occupant, and directhim to repair or rebuild it within 

 such time as they shall judge reasonable, not exceeding thirty 

 days. If the fence is not repaired or rebuilt accordingly, the 

 complainant may make or repair it. 



Sec. 4. When the complainant has completed such fence, 

 and after notice given it has been adjudged sufficient by two 

 or more of the fence viewers, and the value thereof, with the 

 fence viewers' fees, certified under their hands, he may demand 

 of the occupant or owner of the land, where the fence was 

 deficient, double the value and fees thus ascertained ; and in 

 case of neglect or refusal to pay the same for one month after 

 demand, he may recover the same by an action on the case, 

 with interest at the rate of one per cent, a month, and if the 

 delinquent owner or occupant repairs or rebuilds such fence 

 without paying the fees of the fence viewers, certified by 

 them, double the amount thereof may be recovered by the 

 complainant as herein provided. 



Sec. 5. When the occupants or owners of adjacent lands 

 disagree respecting their rights in partition fences and their 

 obligation to maintain them, on application of either party, 

 two or more fence viewers of the town, where the lands lie, 

 after reasonable notice to each party, may in writing under 

 their hands assign to each his share thereof, and limit the 



