2010 MiscELLAXEous Laws 



such material shall first obtain from the owner of the adjoining 

 property his written consent that it may be so nsed. If the owner 

 of the adjoining property refuses to consent to the building of such 

 a fence, it may ne\'ertlieless be built in the following inaniier : The 

 fence shall be of at least four strands of wire with a sufficient l)ar 

 of wood at the top ; and the size of such top bars and of the posts 

 and supports of such fence, and their distances apart, shall be 

 6uch as the fence viewers of the town may prescribe, and with 

 th( posts no further apart than fourteen feet; and such fence 

 shall be otherwise substantially built and a reas(jnably sufficient 

 iuclosure for holding the particular kind or class of cattle or 

 anim?.ls usually pastured on either side of the fence. Nothing 

 contained in section three hundred and sixty-seven shall be con- 

 strued to authorize the electors of any to\\ni to prohibit the use 

 of wire fences, for division fences, if such fences comply with 

 the requirements of this section. Whenever such fence shall 

 become so out of repair as to be unsafe, it shall be the duty of the 

 owner or owners to immediately repair the same. But any person 

 building such a fence without the written consent of the OAvner 

 of the adjoining property shall be liable to all damages that may 

 be occasioned by reason of such fence. But this section shall not 

 be so construed as to permit railroad corporations to use barbed 

 wire in the construction of fences along their lines contrary to 

 the provisions of section fifty-two of the railroad law. (As 

 amended hy chapter 86 of the Laws of 1911.) 



