FOURTH ANNUAL YEAR BOOK — PART X. 653 



viewers may assign to each owner ttie part which he shall erect, maintain, rebuild, 

 and repair, trim or cut back, by pursuing the method provided in the preceding sec- 

 tion ; but the adjoinig owner shall not be required to contribute thereto until he 

 becomes liable so to do. as elsewhere in this chapter provided. 



DEFAULT— DOUBLE DAMAGES. 



Sec. 23.'5.S. If the erecting, rebuilding, or repairing of such a fence be not 

 completed within thirty days from and after the time fixed therefor in such order, 

 the adjoining owner may do or complete the same, and the value thereof may be 

 fixed by the fence viewers, and unless the sum so fixed, together with all fees of 

 the fence viewers caused by such default, as taxed by them, is paid to the land owner so 

 erecting, rebuilding, trimming or cutting back or repairing such fence, within ten days 

 after the same is so ascertained ; or when ordered to pay for an existing fence, and 

 the value thereof is fixed by the fence viewers, and said sum. together with the fees 

 of the fence viewers, as taxed by them, remains unpaid by the party in default 

 for ten days, the person entitled thereto may recover double said sum, together 

 with the fees so taxed, in an action by ordinary proceedings. 



SERVICE OF NOTICE. 



Sec. 2359. The notices by the fence viewers provided for in this chapter 

 may be served upon any owner nonresident of the county where his land is situ- 

 ated, by publication thereof for two consecutive weeks in a newspaper printed in 

 the county in which the land is situated, proof of which shall be made as in case 

 of an original notice and filed with the fence viewers, and a copy delivered to the 

 occupant of said land, or to any agent of the owner in charge of the same. 



OKDEKS — NOTICE. 



Sec. 2.360. All orders and decisions made by the fence viewers shall be in 

 writing, signed by at least two of them, and filed with the township clerk. All no- 

 tices in this chapter required to be given shall be in writing, and return of ser- 

 vice thereof made in the same manner as notices in actions before a justice of the 

 peace. Such orders, decisions, notices and returns shall be entered of record at 

 length by the township clerk, and said record, or a copy thereof, certified to be 

 such by sijch township' clerk, shall be competent evidence in all courts. 



DIVISION RECORDED. 



Sec. 2361. The several owners may. in writing, agree upon the portion of 

 partition fences between their lands v/hich shall be erected and maintained by each, 

 which writing shall describe the lands and the parts of the fences so assigned, be 

 signed and acknowledged by them, and filed and recorded in the office of the re- 

 corder of deeds of the county or counties in which they are situated. 



HOW FAR BINDIN(;. 



Sec. 2362. Any order made by the fence viewers, or any agreement in writ- 

 ing between adjoining land owners, when recorded as in this chapter provided, 

 shall bind the makers, their heirs and subsequent grantees, except, if the land 

 of either shall cease to be used as a means for revenue or benefit, the same shall 

 be inoperative while not thus used. 



LANDS IN DIFFERENT TOWNSHIPS. 



Sec. 2363. When the adjoining lands are situated in different townships in the 

 same or different counties, the clerk of the township of the owner making the appli- 

 cation shall select two trustees of his township as fence viewers, and the clerk of 

 the other township one from his township, who shall possess, in such case, nil the 

 powers given to fence viewers in this chapter, but all orders, notices, and valua- 

 tions and taxation of costs made by them must be recorded in both townships. 



