JAS. BLACK GROOME, ESQUIRE, GOVERNOR. 489
SEC. 2. Be it enacted, That if either of the par-
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Refusal or de-
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ties, so making or keeping a joint fence, shall not
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lay repairs
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comply with the provisions of the preceding section,
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and shall refuse or delay to make or repair the said
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fence within twenty days' after notice, in writing,
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shall be given to him or his agent, overseer, or ten-
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ant, upon proof thereof, before a justice of the peace,
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the said justice may under his hand and seal, au-
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thorize the party aggrieved by such refusal or delay
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to make or repair the said fence as above required,
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and for so doing he shall be reimbursed all costs
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and reasonable expenses necessarily incurred, to be
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recovered from the party so delaying or refusing in
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the same manner as debts of like amount are recov-
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erable.
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SEC. 3. Be it enacted, That if joint fences are not
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Joint fences
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made and kept in repair according to the provisions
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not kept in
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of the first section of this act, the party aggrieved in-
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repair.
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stead of pursuing the remedy prescribed in the pre-
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ceding section, may discontinue said fence by giving
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three months' notice in writing to the party refusing
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or delaying to make or repair the same, or his ten-
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ant, overseer or agent; in all other cases (unless by
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mutual consent) twelve months' notice shall be re-
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quired to discontinue any joint fence.
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SEC. 4. And be it enacted, That this act shall take
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In force
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effect from the date of its passage.
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Approved April 11th, 1874.
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