APFENDIX. 313 



having made up his part of the fence, make up the part of the other, 

 and recover therefor double the expense thereof, together with the fees 

 of the fence viewers, in the manner provided in this chapter. 



Sect. 11. Where a division of fence between the owners of improved 

 lands has been made either by fence viewers or under an agreement in 

 writing between the parties, recorded in the office of the clerk of the 

 city or town, the several owners of such lands and their heirs and as- 

 signs shall erect and support said fences agreeably to such division ; but 

 if a person lays his lands common and determines not to improve any 

 part of the same adjoining the fence divided as aforesaid, and gives six 

 months' notice of his determination to all the adjoining occupants of 

 lands, he shall not be required to keep up or support said fence during 

 the time that his lands lie common and unimproved. 



Sect. 12. When one party ceases to improve his land or lays open 

 his enclosure, he shall not take away any part of the partition fence be- 

 longing to him and adjoining to the next enclosure, provided the owner 

 or occupant thereof will allow and pay therefor so much as two or more 

 fence viewers in writing determine to be the reasonable value thereof. 



Sect. 13. When land which has lain unenclosed is afterwards en- 

 closed or used for depasturing, the occupant or owner thereof shall pay 

 for one-half of each partition fence standing upon the line between the 

 same land and the land of the enclosures of any other occupant or owner, 

 the value thereof to be ascertained in writing (in case they do not agree 

 between themselves), by two or more of the fence viewers of the same 

 place wherein such partition fence stands ; and if such occupant or 

 owner, after the value has been so ascertained, neglects or refuses, for 

 thirty days after demand made, to pay for one-half of the partition fence, 

 the proprietor of the fence may maintain an action of contract for such 

 value, and the costs of ascertaining the same ; but the occupant or 

 owner of unenclosed land on the island of Nantucket, used for depas- 

 turing only, shall not be subject to the foregoing provisions of this 

 sectioa. 



Sect. 14. Where the line upon which a partition fence is to be made 

 or divided is the boundary line of one or more cities or towns, or partly 

 in one and partly in another, a fence viewer shall be taken from each 

 place. 



Sect. 15. When a water fence, or fence running into the water, is 

 necessary to be made, the same shall be done in equal shares unless 

 otherwise agreed by the parties ; and in case either party refuses or 

 neglects to make or maintain the share to him belonging, similar proceed- 

 ings shall be had as in other cases of the like kind respecting other fences 

 before mentioned. 



Sect. 16. Any fence viewer, duly chosen and sworn, who, when 

 requested, unreasonably neglects to view a fence, or to perform any other 

 duties required of him in this chapter, shall forfeit five dollars, to be 

 recovered by action of tort to the use of the place, or on complaint to 

 the use of the Commonwealth, and he shall also be liable for all damages 

 to the party injured. 



Sect. 17. Each fence viewer shall be paid by the person employing 

 him at the rate of two dollars a day for the time he is so employed ; and 

 if such person neglects to pay him within thirty days after the service 



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