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Session Laws, 1880
Volume 395, Page 385   View pdf image (33K)
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WILLIAM T. HAMILTON, ESQUIRE, GOVERNOR. 385

ary fences in the district aforesaid, and not to any


person's internal fences upon his own property.


SEC. 2. And be it enacted, That whenever joint


fences have been, or hereafter may be established in


said election district for the mutual benefit or ad-


vantage of different owners or possessors of adjoin-


ing lands, it shall be the duty of each party to keep

Keep in good

up in good repair his, her or their just and respective
proportion thereof in manner following, that is to say,

repair.

all post and rail or plank fence shall be of the


heights above prescribed, the height in every case to


be computed from the ground or bank, if any em-


bankment upon which said fence is or may be


placed.


SEC. 3. And be it enacted, That if either of the


parties so making or keeping a joint fence shall not


comply with the foregoing provisions, and shall re-


fuse or delay to make or repair the said fence within


twenty days after notice in writing shall be given


to said party, his agent, overseer or tenant, then,


upon proof before a justice of the peace, it shall be
lawful for the said justice of the peace, under his

Reimburse.

hand and seal, to authorize the party aggrieved and


suffering by such refusal or delay, to make or repair


the said fence as above required, and for so doing he,


she or they shall be reimbursed all costs and reason-


able expenses necessarily incurred, to be recovered


from the party so refusing or delaying, in the same


manner as debts of a like amount are now recover-


able.


SEC. 4. And be it enacted, That in case joint


fences are not made and kept in repair according to


the provisions of this act, it shall also be lawful for


the party aggrieved, or likely to be injured, instead
of pursuing the remedy above allowed, to discontinue
the said fence by giving three months' notice in

Discontinue
fence.

manner aforesaid, and in all other cases (unless by


mutual consent) twelve months' notice shall be re-


quired to discontinue any joint fence.


SEC. 5. And be it enacted, That whenever any


person or persons shall, under and by virtue of this


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Session Laws, 1880
Volume 395, Page 385   View pdf image (33K)
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