1918.] 



AGRICI-LTIKAL LAWS. 131 



Sec. 5135. Repair of division fence. If any i)er8on shall neglect 'n 

 keej3 his division fiMice in rt^pair iho j)nrt.y aggrieved mny call on thf 

 selectmen to view it. who. if they find it insufflr-ic^nt. shall immfdiately 

 give written notice thereof to the person bound to repair it, and shall 

 also m.iil to the owner of ;iiiy mortgage upon land which is partly 

 bourded by the fence in question a written notice of an order to repair 

 such feme. If none of the ji.Trties interested, to whom notice shall 

 ha\c lieen given. fchaP make .such repairs with;n fifteen days from the 

 time of giving said^ notice, the party aggrieved may make such repairs 

 and recover of the person liound to repair it double the cost of said 

 repairs as estimated in writing l)y the selectmen nnd also the fees of 

 such selectmen. Said sums shall constitute a lien UDon such land 

 against all persons interested therein; itrori'lid. such lien shall be re- 

 ■corded in the office of the town clerk of the town in which said land 

 is situated, within sixty lays from the rime of completing said repairs. 

 Such liens may be foreclosed in the manner provided for the foreclosure 

 of mortgages. 



Sec. 5136. When dividing line is a stream. "When the dividing line 

 shall be a stream or pond, which is not a sufficient fence, and it is im- 

 practicable to make the fence in the line, if either party shall refuse 

 to make a division fence on either side, two selectmen of the town 

 shall, on application of either party, determine on which side of the 

 stream or j)ond the fence shall be erected and maintained, or whether 

 partly on one side and partly on the other, and what part each shall 

 make and. maintain, and deliver their determination in writing to the 

 parties. If either shall refuse to make and maintain his part of the 

 lence. the other may do so and recover the expense of the party so 

 refusing. 



Sec. 5141. Damage by animals vy^hen fence is sufficient. All 



damage done, either in particular enclosures or common fields, by cattle, 

 horses, asses, mules, sheep, swine or goats, when the fence is sufficient, 

 shall be paid by the owner of the animals. 



Sec. 5142. Damage by animals when fence is insufficient. Xo per- 

 son shall recover for damage done in his enclosure through the insuffi- 

 ciency of his fence, unless done by animals at large contrary to la%v, 

 or by unruly cattle that are not restrained by ordinary fences; or 

 unless the owner of animals shall put them into or voluntarily trespass 

 on siach enclosure; or unless they entered through a part of the fence 

 which was sufficient; in all of which cases the owner of the land may 

 impound them and recover poundage and damages. 



CHAPTER 334. 

 Offenses Against Public Policy. 



Sec. 6455. Wild carrots and thistles. Every owner or possessor of 

 lands shall cut down all wild carrots and Canada thistles growing 

 thereon, or in the highway adjoining, so often as to prevent their going 

 to seed; and lipon failure so to do any joerson aggrieved, or any citizen 

 of the town wherein the lands are situated, may complain to any errand 

 juror of said town, who shall thereupon forthwith notify such owner 

 or possessor of such complaint; and said grand juror shall be paid for 

 such service from the treasury of the town ten cents for each mile of 

 travel in giving such notice. If said owner or possessor shall still 

 neglect to comply with the provisions of this section, he shall be fined 



