The Town Law 2009 



within ten days after he shall be so required by any person in- 

 terested therein. Such requisition shall be in writins*', and signed 

 by the party making it. If the person so notified shall refuse or 

 neglect to make or repair his proportion of such fence, for the 

 space of ten days after such request, the party injured may make 

 or repair the same at the expense of the party so refusing or 

 neglecting, to be recovered from him with costs. 



§ 367. Damages for insufficient fence. Whenever the electors of 

 any town shall have made any rule or regulation, prescribing 

 what shall be deemed a sufficient division fence in such to^^^l, any 

 person who shall thereafter neglect to keep a fence according to 

 such rule or regulation shall be precluded from recovering com- 

 pensation for damages done by any beast lawfully kept upon the 

 adjoining lands that may enter therefrom on any lands of such 

 person, not fenced in conformity to the said rule or regiilation, 

 through any such defective fence. When the sufficiency of a 

 fence shall come in question in any action, it shall be presumed to 

 have been sufficient until the contrary be established. 



§ 368. Damages for omitting to build fence. If any person 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 not be 

 allowed to have and maintain any action for damages incurred by 

 beasts coming thereon from adjoining lands where such beasts are 

 lawfully kept, by reason of such defective fence, but shall be 

 lial)le to pay to the party injured all damages that shall accrue 

 to his lands, and the crops, fruit trees and shrubbery thereon, and 

 'fixtures connected with the land, to be ascertained and appraised 

 by any two fence viewers of the town, and to be recovered, with 

 costs ; which appraisement shall be reduced to writing and signed 

 by the fence viewers making the same, but shall be only prima 

 facie evidence of the amount of such damages. 



§ 369. Use of barbed or other wire for division fence. Barbed or 

 other wire may be used in the construction of any division fence, 

 provided, however, ihjmt the person or corporation desiring to use 



