312 APPENDIX. 



where the lands lie, who after due notice to each party may in writing 

 assign to each his share thereof, and direct the time within which each 

 party shall erect or repair his share, in the manner before provided ; 

 which assignment, heing recorded in the city or town clerk's office, shall 

 be binding upon the parties and upon the succeeding occupants of the 

 land-; who shall thereafter maintain their respective parts of said fence. 



Sect. G. If a party refuses or neglects to erect and maintain the 

 part of a fence assigned to him by the fence viewers, the same may in the 

 manner before provided be creeled and maintained by any aggrieved 

 party ; and he shall be entitled to double the value thereof ascertained 

 and recovered in the manner aforesaid. 



Sect. 7. When in a controversy between adjoining occupants as to 

 their respective rights in a partition fence, it appears to the fence 

 viewers that either of the occupants had before any complaint made to 

 them voluntarily erected the whole fence, or more than his just share of 

 the same, or otherwise become proprietor thereof, the other occupant 

 shall pay the value of so much thereof as may be assigned to him to 

 repair or maintain, to be ascertained and recovered as provided in this 

 chapter. 



Sect. 8. Partition fences shall be kept in good repair throughout 

 the year' unless the occupants of the lands on both sides shall otherwise 

 agree. 



Sect. 9. "When lands of different persons which are required to be 

 fenced, are bounded upon or divided from each other, by a river, brook, 

 pond, or creek, if the occupant of the land on one side refuses or neg- 

 lects to join with the occupant of the land on the other side in making 

 a partition fence on the one side or the other, or shall disagree respect- 

 ing the same, then two or more fence viewers of the place or places 

 wherein such lands lie, on application made to them, shall forthwith 

 view such river, brook, pond, or creek ; and if they determine the same 

 not to answer the purpose of a sufficient fence, and that it is impractica- 

 ble to fence on the true boundary line without unreasonable expense, 

 they shall, after giving notice to the parties to be present, determine 

 how, or on which side thereof, the fence shall be set up and maintained, 

 or whether partly on the one side and partly on the other side, as to 

 them shall appear just, and shall reduce their determination to writing; 

 and if either of the parties refuses or neglects to make and maintain his 

 part of the fence according to the determination of the fence viewers, 

 the same may be made and maintained as before provided, and the 

 delinquent party shall be subject to the same costs and charges to be 

 recovered in like manner. 



Sect. 10. When lands belonging to two persons in severalty have 

 been occupied in common without a partition fence between them, and 

 one of the occupants desires to occupy his part in severalty, and the 

 other occupant refuses or neglects on demand to divide the line where 

 the fence ought to lie built, or to build a sufficient fence on his part of 

 the line wdien divided, the party desiring it may have the same divided 

 and assigned by two or more fence viewers of the same place in the 

 manner provided in this chapter; and the fence viewers may in writing 

 assign a reasonable time, having regard to the season of the year, for 

 making tin' fence; and if the occupant complained of does not make his 

 part of the fence within the time so assigned, the other party may, after 



