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6009. Cattle guards and passes; double damages
The county commissioners shall order the corporation to make and maintain such cattle
guards, cattle passes and farm crossings as they think reasonable and prescribe the time
and manner of making them and consider this work in awarding pecuniary damages. If the
corporation after 48 hours' notice in writing to its president or superintendent neglects
to commence the work or complete it within a reasonable time, the owner may apply to the
Superior Court and the court, after due notice to the corporation, shall issue all
necessary processes to enforce the specific performance of the orders or restrain it by
injunction or the party interested may recover, in a civil action, double the damage that
he has sustained by the neglect.
6023. Injuring fences or turning animals into railroad enclosure
Whoever takes down or intentionally injures any fence erected to protect the line of any
railroad or turns any horse, cattle or other animal upon or within the enclosure of that
railroad commits a Class E crime.
2951. Legal fences
All fences 4 feet high and in good repair, consisting of rails, timber, stone walls, iron
or wire, and brooks, rivers, ponds, creeks, ditches and hedges, or other things which in
the judgment of the fence viewers having jurisdiction thereof are equivalent thereto, are
legal and sufficient fences.
2952. Maintenance
The occupants of lands enclosed with fences shall maintain partition fences
between their own and the adjoining enclosures, in equal shares, while both parties
continue to improve them.
2953. Neglect of owners; function of fence viewers
If any party neglects or refuses to repair or rebuild any such fence that that
party is legally required to maintain, the aggrieved party may complain to 2 or more fence
viewers of the town where the land is situated who, after due notice to the delinquent
party, shall proceed to survey it and, if they determine that it is insufficient, they
shall signify it in writing to the delinquent occupant and direct the delinquent occupant
to repair or rebuild it within such time as they judge reasonable not exceeding 30 days.
If the fence is not repaired or rebuilt accordingly, the complainant may make or repair
it.
2954. Double compensation for building fence
When the complainant has completed such fence and, after notice given, it has been
adjudged sufficient by 2 or more of the fence viewers, and the value thereof, with the
fence viewers' fees, certified under their hands, the complainant may demand of the
occupant or owner of the land where the fence was deficient double the value and fees thus
ascertained.
In case of neglect or refusal for one month after demand, the complainant may recover the same by a civil action, with interest at the rate of 1% a month, and if the delinquent owner or occupant repairs or rebuilds such fence without paying the fees of the fence viewers, certified by them, double the amount thereof may be recovered by the complainant as provided.
2955. Division of partition fences; record of assignments; fees
When the occupants or owners of adjacent lands disagree respecting their rights in
partition fences and their obligation to maintain them, on application of either party, 2
or more fence viewers of the town where the lands lie, after reasonable notice to each
party, may in writing under their hands assign to each the occupants' or owners' share
thereof and limit the time in which each shall build or repair each occupant's or owner's
part of the fence, not exceeding 30 days. Such assignment and all other assignments of
proprietors of partition fences provided for, recorded in the town clerk's office, shall
be binding upon the parties and they shall thereafter maintain their part of the fence. If
such fence has been built and maintained by the parties in unequal proportions and the
fence viewers adjudge it to be good and sufficient, they may, after notice in writing
under their hands, award to the party who built and maintained the larger portion the
value of such excess, to be recovered in a civil action against the other party if not
paid within 6 months after demand. Parties to assignments shall pay the fees of the fence
viewers certified under their hands in equal proportions, and if either party neglects to
pay the party's proportion within one month after demand, the party applying to the fence
viewers may pay the same and recover of the delinquent party, in a civil action, double
the amount of that party's proportion thereof.
2956. Building of part assigned; remedy on failure
If any party refuses or neglects to build and maintain the part thus assigned to that
party, it may be done by the aggrieved party who is entitled to double the value and
expenses, to be ascertained and recovered as provided in section 2954, and shall have a
lien therefor on the land owned or occupied by the party neglecting or refusing to build
or maintain the partition fence assigned to that party by the fence viewers, to be
enforced by attachment made within one year from the day of division by them.
2957. Repairs
All division fences shall be kept in good repair throughout the year, unless the occupants
of adjacent lands otherwise agree.
2958. Fences may vary from dividing line
When, in the opinion of the fence viewers having jurisdiction of the case, it is, by
reason of natural impediments, impracticable or unreasonably expensive to build a fence on
the true line between adjacent lands and the occupants disagree respecting its position,
on application of either party as provided in section 2955, and after notice to both
parties and a view of the premises, they may determine by a certificate under their hands
communicated to each party on which side of the true line and at what distance, or whether
partly on one side and partly on the other and at what distances, the fence shall be built
and maintained and in what proportion by each party. Either party may have the same remedy
against the other as if the fence were on the true line.
2959. Assignment of parts before fence is built
When adjacent lands have been occupied in common without a partition fence and either
party desires to occupy in severalty or when it is necessary to make a fence running into
the water and the parties liable to build and maintain it disagree, either party may apply
to the fence viewers of the town, who shall proceed as in section 2955, except that the
fence viewers may allow longer than 30 days for building the fence, having regard to the
season of the year. In other respects, the remedy shall be as provided in section 2955.
2960. Occupant ceasing to improve land; adjoining owner may buy fence
When one party ceases to improve that party's land or lays open that party's enclosure,
that party shall not take away any part of that party's partition fence adjoining the next
enclosure improved if the owner or occupant thereof will pay therefor what 2 or more fence
viewers, on due notice to both parties, determine to be its reasonable value.
2961. Liability of owner starting to improve land lying in common
When any land which has been unenclosed is afterwards enclosed or used for pasturing, its
occupant or owner shall pay for 1/2 of each partition fence on the line between that
occupant's or owner's land and the enclosure of any other occupant or owner and its value
shall be ascertained in writing; if the parties do not agree, by 2 or more of the fence
viewers of the town where such fence stands. After the value is so ascertained, on notice
to such occupant or owner, if the occupant or owner neglects or refuses for 30 days after
demand to pay it, the proprietor of the fence may have a civil action for such value and
the cost of ascertaining it.
2962. Fences on town line
If the line on which a partition fence is to be made or divided is the boundary
between 2 or more towns, or partly in one town and partly in another, a fence viewer shall
be taken from each town.
2963. Division of fences; notice; verbal agreements
When a fence between owners of improved lands is divided either by fence viewers or by the
written agreement of the parties recorded in the town clerk's office where the land lies,
the owners shall erect and support it accordingly. If any person lays that person's own
lands common, and determines not to improve any part of them adjoining such fence, and
gives 6 months' notice to all occupants of adjoining lands, that person shall not be
required to maintain such fence while that person's land so lies common and unimproved.
All partition fences divided by parol agreement and actually built in pursuance of such
agreement, including fences so built heretofore, shall be deemed legal fences as if
divided by fence viewers or written agreement, and the adjoining owners shall support
their respective portions of fence under such agreement until otherwise ordered by the
fence viewers on application to them by either party. When a party has constructed that
party's part of a fence in pursuance of a parol or written agreement or assignment of
fence viewers, no assignment may thereafter be made by fence viewers depriving that party
of the full value of such fence or any part thereof.
2964. Applicability to house lots or written agreements
Nothing in this chapter extends to house lots, the contents of which do not
exceed half an acre; but if the owner of such lot improves it, the owner of the adjacent
land shall make and maintain 1/2 of the fence between them whether that owner of adjacent
land improves or not; nor does this chapter make void any written agreement respecting
partition fences.
2965. Neglect of duty by fence viewers
Any fence viewer who, when requested, unreasonably neglects to view any fence or to
perform any other duties required of the fence viewer forfeits $3 to any person suing
therefor within 40 days after such neglect and is liable for all damages to the party
injured.
2966. Compensation of fence viewers
Each fence viewer shall be paid by the person employing the fence viewer at the rate of $3
a day for the time employed. If the party liable neglects to pay the same for 30 days
after demand, each fence viewer may recover double the amount in a civil action.
1052. Taking up stray beasts; notice
Whoever takes up a stray beast shall, within 7 days, give notice thereof in writing,
containing a description of its color and its natural and artificial marks, to the clerk
of the town where such beast is taken, and shall cause a notice thereof, containing a like
description of the beast, to be posted, and if such beast is of the value of $10 or more,
to be published in the manner provided in section 1051; otherwise he shall not be entitled
to compensation for any expenses which he may incur relative thereto.
1053. Appraisal if value $10 or more
Every finder of lost goods or stray beasts of the value of $10 or more shall, within 2
months after finding and before using them to their disadvantage, procure a warrant from
the town clerk or a notary public, directed to 2 persons appointed by said clerk or
notary, not interested except as inhabitants of the town, returnable at said clerk's
office within 7 days from its date, to appraise said goods under oath.
1054. Restitution to appearing owner; money or goods
If the owner of such lost money or goods appears within 6 months, and if the owner of such
stray beasts appears within 2 months after said notice to the town clerk and gives
reasonable evidence of ownership to the finder, the owner shall have restitution of them
or the value of the money or goods, paying all necessary charges and reasonable
compensation to the finder for keeping, to be adjudged by the district court, if the owner
and finder cannot agree.
1055. --strays
If such owner appears within 6 months after such notice is filed with the town
clerk and proves his title to the beasts, he shall, if they have not been sold, have
restitution of the same after paying the charges arising thereon as provided in section
1054. If the beasts have been sold, he shall be entitled to receive the money so deposited
in the treasury from the proceeds of the sale. If no owner appears within 6 months, the
beasts or the value or price thereof after deducting said charges shall, as prescribed in
section 1056, be equally divided between the finder and the town.
1056. Finder's rights when no owner appears
If no owner appears within 6 months, such money or lost goods shall belong to the finder
by paying 1/2 their value after deducting all necessary charges to the treasurer of said
town; but if he neglects to pay it on demand, it may be recovered in an action brought by
said treasurer in the name of the town.
1057. Sale of strays when no owner appears
If the owner does not appear and prove his title to the beasts within said 2
months, the finder may sell them at public auction, first giving notice of such sale at
least 4 days before the time of sale in 2 public places in the town in which the beasts
were taken up. The proceeds of the sale, after deducting all lawful charges, shall be
deposited in the town treasury.
1058. Failure to give notice; penalty
If the finder of lost money or goods of the value of $3 or more or if the person
taking up such stray beast neglects to give notice to the town clerk and to cause them to
be advertised as provided, he forfeits to the owner the full value thereof unless he
delivers or accounts therefor to the owner, in which case he shall forfeit not more than
$20, 1/2 to the town and 1/2 to the prosecutor.
1059. Recovery of strays without paying charges; penalty
Whoever takes away a beast held as a stray, without paying all lawful charges incurred in
relation to the same, shall forfeit to the finder double the amount of said charges, not
exceeding the value of the beast, and in addition thereto shall be liable for any trespass
committed by him in so doing.
1060. Damages by animals; remedy; lien
Any person injured in his land by sheep, swine, horses, asses, mules, goats or neat
cattle, in a common or general field, or in a close by itself, may recover his damages by
taking up any of the beasts doing it, and giving the notice provided in section 1052, or
in a civil action against the person owning or having possession of the beasts at the time
of the damage, and there shall be a lien on said beasts, and they may be attached in such
action and held to respond to the judgment as in other cases, whether owned by the
defendant or only in his possession. If the beasts were lawfully on the adjoining lands,
and escaped therefrom in consequence of the neglect of the person suffering the damage to
maintain his part of the partition fence, their owner shall not be liable therefor.
Reviewed by AAHS in December 2001.