294 BOARD OF AGRICULTURE, 



each shall be set out and assigned to him by any two or more 

 fence viewers of the town, unless they agree on an apportion- 

 ment of the fence among themselves. The proportion of 

 fence so assigned to each shall be recorded by the clerk in 

 the books of the proprietors ; and if there is no such clerk, 

 by the clerk of the town on the town records. 



Sec. 23. If any proprietor of land in such general field 

 declines to cultivate his land, or to use it for pasturing, and 

 gives written notice of his intention to the clerk of the pro- 

 prietors, he shall not be required to maintain any part of the 

 fence, nor to pay any tax or assessment on account of his 

 land while he neglects to cultivate or use it as aforesaid. 



Sec. 24. The expense of apportioning the fence, and of 

 making and maintaining such part thereof as cannot conven- 

 iently and justly be assigned to any one proprietor, shall be 

 borne by all the proprietors, to be taxed in proportion to 

 their interests ; and the part assigned to each shall be made 

 and maintained by him while he uses his part of the general 

 tield for pasturing, planting, mowing, or otherwise. 



Sec. 25. If any part of the fence assigned to a proprietor 

 become deficient, and he does not repair it within three days 

 after notice of such deficiency given to him or his tenant by a 

 fence viewer of the town, it may be repaired by any other 

 proprietor ; and such repairs may be examined by any two 

 or more fence viewers, and if adjudged by them, after notice,, 

 to be sufficient, they shall ascertain their cost, and make a 

 statement thereof, and of the amount of their fees, in writing 

 under their hands. 



Sec. 26. The person making such repairs may demand of 

 the deficient proprietor, or of his tenant, doul)le the costs of 

 such repairs and the fees thus ascertained ; and if" they are 

 not paid within one month after notice and demand thereof, 

 he may recover them in an action on the case. 



Sec. 27. If part of the fence is suddenly blown down, 

 or carried away by a flood or tempest, when the crops in the 

 field are thereby exposed to immediate destruction or injury, 

 the proprietor to whom it was assigned shall repair it Avithin 



