946 WORCESTER COUNTY. [ART. 22.

FENCES.

43. Partition fences between the adjoining fields of different
proprietors in said county established by mutual consent, shall
be made and repaired by the parties respectively owning or
occupying the adjoining fields, at their joint and equal expense.

44. "Upon failure of a party to make or repair and keep in good
order his proportion of such fence, or to pay his equal share of
the cost thereof, he shall be answerable for his proportion of the
cost and expense of making the same in an action of debt before
any justice of the peace of said county.

45. Such repairs shall be made, or such fence shall be con-
structed, out of the usual materials and in the usual manner, and
the party desiring such repair- to be made, shall give to the joint
proprietor of the fence at least thirty days' notice of such repair
being necessary, and of his intention to make it, before proceed-
ing to do so.

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46. Whenever it shall cease to be the interest of any person or
persons part owners of any partition fence to continue such fence
by reason of the land enclosed thereby having been worn out,
they may give to the person or persons jointly interested in
keeping up such fence, sixty days' notice of their intention to
discontinue such fence, and may, at the expiration of that time,
take down and remove the one-half of any such partition fence,
and shall be no longer bound to keep up and repair the same.

47. Upon application to any justice of the peace of said county
on oath setting forth that any enclosure is insufficient for the
protection of the property enclosed, the justice shall appoint
three discreet men of the vicinage to view and examine into the
insufficiency of such enclosure, and if they report that the same
is insufficient, nntice thereof shall be given by the justice, or by
his direction, to the owner or occupier of such enclosure, who
shall repair the same within twenty days thereafter, under a
penalty not exceeding twenty dollars, and shall also pay the sum
of three dollars for the services of said inspectors.

48. If such penalty and charges shall not be paid within twenty
days from the'Teturn of the report of the inspectors to the justice
by whom they were appointed, the same may be recovered
before any justice of the peace for said county.