2008 / Miscellaneous Laws 



other party may select both. The fence viewers, in all matters 

 heard bj them, shall see that all interested parties have had 

 reasonable notice thereof, and shall examine the premises and 

 hear the allegations of the parties. If they can not agree, they 

 shall select another fence viewer to act with them, and the decision 

 of any two shall be rednced to writing, and contain a description 

 of the fence, and the proportion to be maintained by each, and 

 shall be forthwith filed in the office of the town clerk, and shall 

 be final upon the parties to such dispute, and all parties holding 

 under them. 



§ 364. Powers of fence viewers. Witnesses may be examined 

 by the fence viewers on all questions submitted to them; and 

 either of such fence viewers may issue subpoenas for witnesses, 

 who shall receive the same fees as witnesses in a justice's court. 

 Each fence viewer thus employed shall be entitled to one dollar 

 and fifty cents per diem. The party refusing or neglecting to pay 

 the fence viewers or either of them shall be liable to an action for 

 the same with costs. 



§ 365. Neglect to make or repair division fence. If any person 

 who is liable to contribute to the erection or repair of a division 

 fence, shall neglect or refuse to make and maintain his proportion 

 of such fence, or shall permit the same to be out of repair, he 

 shall be liable to pay the party injured all such damages as shall 

 accrue thereby, to be ascertained and appraised by any two fence 

 viewers of the town, and to be recovered with costs. The appraise- 

 ment shall 1)0 reduced to writing, and signed by the fence viewers 

 making it. If sucli neglect or refusal shall be continued for the 

 period of one month after request in writing to make or repair 

 the fence, the party injured may make or repair the same, at the 

 expense of the party so neglecting or refusing, to be recovered 

 from him with costs. 



§ 366. Fence destroyed by accident. Whenever a division fence 

 shall bo injured oi- destroyed by tioods, or other casualty, the 

 pcrsfm bound to make and repair such fence, or any part thereof, 

 shall make or repair tlie same, or his just proportion thereof, 



