LAWS RELATING TO AGRICULTURE. 191 



fence shall be built and maintained, and in what proportions 

 by each party ; and either party may have the same remedy 

 against the other, as if the fence was on the true line. 



Sec. 9. When adjacent lands have been occupied in com- 

 mon without a partition fence, and either party desires to 

 occupy his in severalty, or when it is necessary to make a 

 fence running into the water, and the parties liable to build 

 and maintain it disagree, either party may have the line 

 divided on application to the fence viewers of the town ; who 

 shall proceed as is provided in section five ; except that the 

 fence viewers may allow a longer time than thirty days for 

 building the fence, if they think proper, having regard to the 

 season of the year. In other respects the remedy for the 

 aggrieved party shall be the same as there provided. 



Sec. 10. When one party ceases to improve his land, or 

 lays open his inclosure, he shall not take away any part of 

 his partition fence adjoining the next inclosure improved, if 

 the owner or occupant thereof will pay therefor what two or 

 more fence viewers, on due notice to both parties, determine 

 to be its reasonable value. 



Sec. 11. When any land, which has been uninclosed, is 

 afterwards inclosed, or used for pasturing, its occupant or 

 owner shall pay for one-half of each partition fence on the 

 line between his land and the inclosure of any other occupant 

 or owner, and its value shall be ascertained in writing ; if the 

 parties do not agree, by two or more of the fence viewers of 

 the town where such fence stands ; and after the value is so 

 ascertained, on notice to such occupant or owner, if he neg- 

 lects or refuses for thirty days, after demand, to pay it, the 

 proprietor of the fence may have an action on the case for 

 such value and the costs of ascertaining it. 



Sec. 12. If the line on which a partition fence is to be made 

 or to be divided, is the boundary between two or more towns, 

 or partly in one town, and partly in another, a fence viewer 

 shall be taken from each town. 



Sec. 13. When a fence between the owners of improved 

 lands is divided either by fence viewers, or by the written 



