EMERSON C. HARRINGTON, GOVERNOR. 959

wires thereof shall not be more than seven inches apart to the
height of twenty inches, from the ground or embankment of
which said fences may be placed.

SEC. 2. Be it enacted, That if either of the parties, so mak-
ing or keeping a joint fence, shall not comply with the pro-
visions of the preceding section, and shall refuse or delay to
make or repair the said fence, within thirty days after notice
in writing, shall be given to him or his agent, overseer or ten-
ant, upon proof thereof, before a Justice of the Peace, the
said Justice may, under his hand and seal, authorize the party
aggrieved by such refusal or delay, to make or repair the said
fence as above required and for so doing he shall be reimbursed
the proper proportion of all costs and reasonable expenses nec-
essarily incurred, to be recovered from the party so delaying
or refusing, in the same manner as debts of like amount are
recoverable.

SEC. 3. Be it enacted, That if joint fences are not made
and kept in repair according to the provisions of the first sec-
tion of this Act, the party aggrieved, instead of pursuing the
remedy prescribed in the preceding Section, may discontinue
said fence by giving three months' notice in writing to the
party refusing or delaying to make or repair the same, or his
tenant, overseer or agent; in all other cases unless by mutual

consent, twelve months' notice shall be required to discontinue

any joint fences.

SEC. 4. Be it enacted, That on any line of land of adjoin-
ing owners where there has been no fence either of said owners,
upon giving notice to the adjoining owner as provided in Sec-
tion 2 of this Act, and. upon the refusal or delay of said ad-
joining owner to build said fence, the party giving said notice
is hereby authorized to build said fence, and recover all pro-
portionate costs and reasonable expenses incurred in building
same from the owner so in default according to the provisions
and in the manner prescribed by Section 2 of this Act.

SEC. 5. And be it enacted, That all Acts or Sections of
Acts, inconsistent herewith, be and the same are hereby re-
pealed.

SEC. 6. And be it further enacted, That this Act shall take
effect from June 1st, 1916.

Approved April 11th. 1916.