Fence viewers may, on com plaint, order fences repaired or rebuilt. Proceedings if order is not complied with. Water fences, when to be maintained. Disputes respecting partition fences, fence viewers to settle. Partition fences erected by agreement, &c., how held and improved, &c.; agreement to be recorded. Party making more than his share, how paid, &c. SEC. 5. Whenever any proprietor or possessor of land shall neglect or refuse to repair or rebuild any partition fence, or shall withdraw his fence from any division line, the aggrieved party may complain to any fence viewer of such town; who, after due notice to such party, shall attend and view the same; and if he shall find said complaint to be true, he shall, in writing, require the delinquent party to repair or rebuild the same within such time as he shall therein appoint, not exceeding fifteen days. SEC. 6. If such order shall not be complied with, the complainant may repair or rebuild the same in the manner set forth in said order, and when the same shall be completed to the satisfaction of such fence viewer, he shall ascertain the costs thereof and give a certificate of the same, including also his fees, to the complainant, who may demand of the party delinquent double the sum in said certificate mentioned. If the same be not paid within one month after demand thereof, the complainant may recover the same in an action on the case for money laid out and expended, with interest at the rate of twelve per cent. per annum. SEC. 7. Coterminous owners or possessors of land adjoining water, whenever their said land is under improvement, shall make and maintain a sufficient water fence to prevent trespass of each other's cattle, in the same manner as other partition fences are directed to be made by this chapter. SEC. 8. Whenever any controversy shall arise about the rights of the respective occupants in partition fences and their obligation to maintain the same, either party may apply to a fence viewer of the town where the lands lie; who, after due notice to each party, may, in writing, assign to each his share thereof, and direct the time within which each party shall erect or repair his share of the same; which assignment, being recorded in the town dlerk's office, shall be binding upon the parties and all succeeding owners and occupants of the lands, and they shall be obliged always thereafter to maintain their respective shares of said fence, until the rights of the respective parties shall be determined differently in some proper action. SEC. 9. In all cases where partition fences are erected as one half part of the partition fence between proprietors or possessors of adjoining lands, or where the same may be hereafter erected by the agreement of the parties in interest or other lawful manner, the proprietors of the fences in either of the said cases erected, their heirs or assigns, shall hold and improve the same without molestation; and shall be forever afterwards excused from making other fence on such dividing line in all cases whatever, except by the special agreement of such parties to the contrary; all agreements which shall be made relating to such partition fences shall be registered in the town clerk's office in the town where such lands shall lie. SEC. 10. Whenever the whole or more than one half of any partition fence shall have been made by the proprietor or possessor of the land on one side of the same, the proprietor or possessor of the land adjoining when he improves the same shall pay to the proprietor or possessor who made such fence, the value of so much of the fence erected as aforesaid as the same may exceed one half of the fence on the whole line; and in case of his refusal so to do, the value shall be when to deter- ascertained by any fence viewer of the town where such land is situated, on application to him for that purpose. Fence viewer, mine value, &c. Proceedings in such cases. SEC. 11. The fence viewer, on such application, shall forthwith cite the parties in interest on such dividing line, at a convenient time, to view the fence; shall ascertain the value of the whole, and award the one half of such sum against the proprietor or possessor so refusing, with cost, and divide the whole fence between such parties, and make report into the town clerk's office, which division shall be permanent; and if any person against whom report shall be made as aforesaid shall refuse to pay the sum so reported, said sum, with costs, shall be recovered by the party aggrieved, against such person, by action of debt. SEC. 12. If any fence viewer, to whom complaint shall be made Fence viewer, against any person for a violation of any of the provisions imposed penalty for neglect. on him by this chapter, shall neglect or refuse to do the duty enjoined on him to do, such fence viewer so refusing shall forfeit five dollars for every such neglect; to be recovered by any person who shall sue for the same, in the town where such fence viewer shall live. SEC. 13. Every fence viewer shall be allowed two dollars per day Fees of. for viewing any fence on complaint made to him for that purpose; which fees shall be paid in the first instance by the person complaining to him; and in case there shall appear to be good cause of complaint, may be by him recovered back of the party complained against. SEC. 14. All tracts of marsh land so situated and exposed to the Exemption of flow and wash of the sea as to render it impracticable for the several marsh lands. owners thereof to keep up partition fences around the respective shares or lots, shall be exempted from the operation of this chapter. SEC. 15. If any person shall permit any cattle, sheep, horses, or hogs to him belonging, to run upon any such tract of marsh land, the owner of such marsh land shall, for every such trespass, have all the remedies provided in other cases by the ninety-seventh chapter. Remedy for trespasses by cattle, &c., on marsh lands. 1. Pounds to be maintained by each 2. Penalty for neglect. town. SECTION 1. Each town shall erect and maintain at its own charge Towns to mainone or more public pounds, for the impounding of horses, mules, neat- tain pounds. cattle, sheep, goats, geese, hogs, and asses, and for the securing of such animals, agreeably to law, in some convenient place or places in such town. SEC. 2. Every town neglecting to erect or maintain a suitable public pound, for the purposes aforesaid, shall forfeit thirty dollars. Penalty for neglect. Cattle found at large, where, and by whom, may be impounded. What animals grazing, &c., deemed going at large. When, on private ways in Newport. Pound-keeper, to receive and feed such animals. Owner to pay fees and expenses before reclaiming. Fees of pound keeper. Penalties. Penalties, how appropriated. SECTION 1. If any horse, neat-cattle, sheep, or hog shall be going at large in any highway or common, any freeholder or qualified elector or field driver may, and every surveyor of highways of the town within which such animal is at large shall take up such animal, and impound the same in one of the public pounds of said town; and every such surveyor may appoint in writing a deputy or deputies for that purpose, filing in the town clerk's office a copy of such appoint ment. SEC. 2. Any horse, neat-cattle, sheep, or hog, which shall feed or graze upon any highway or common, shall be deemed to be going at large. SEC. 3. Horses, neat-cattle, sheep, and hogs shall be deemed to be at large within the meaning of the provisions of this chapter within the limits of any private way, within the city of Newport, without the consent of the owners of the fee in such private way; and such private way, for the purpose of authorizing the taking up and impounding of such animals, shall be deemed a common within the meaning of this chapter. SEC. 4. The keeper of any pound in which any animal shall be impounded shall receive, keep and feed, such animals in such pound; and he shall and may duly milk any cow so impounded, for his own use. SEC. 5. The owner of any animal so impounded shall not take the same out of the pound, until he shall first pay to the pound-keeper the expenses of keeping such animal (no regard being had to the milk derived from the same), and the pound-keeper's fees for receiving the same into the pound, viz.: for each horse and neat beast, twenty-five cents; for each sheep and hog, five cents; for every notification set up or notice given to the owner, twenty-five cents; and the following penalties, to wit: for every horse, neat beast, and hog, one dollar, and for every sheep, five cents. SEC. 6. The pound-keeper shall pay one half of every sum received by him as a penalty, in pursuance of the next preceding section, to the town treasurer of the town in which the pound is situated, and the other half to the person who impounded the animal. SEC. 7. After any animal shall have been impounded for forty eight hours, the pound-keeper shall immediately post up notifications Notifications to in at least three public places in the same town with said pound, one be set up, or notice given of which shall be at or near the office of the town clerk of such town, owner. describing the natural and artificial marks, if any, on such animal, or shall give notice in writing to the owner of such animal. SEC. 8. If no owner shall appear within five days from the date of Disposition of such notification or notice, and pay the penalty and charges aforesaid, animals, if no the said pound-keeper shall deliver the said animal to the treasurer within five of such town, with a statement in writing of the time and manner in days. which the said animal was impounded, and of the proceedings of such pound-keeper in relation to the same; together with an account of the charges and expenses due from the owner of such animal to said pound-keeper by virtue of this chapter. SEC. 9. If said treasurer shall find the proceedings of said poundkeeper correct, he shall sell said animal at public auction, after giving reasonable notice of such sale; and shall, out of the proceeds of the sale, pay the incidental expenses thereof, the cost of keeping such animal, after the same was delivered to him by the pound-keeper for sale, the expenses and charges aforesaid, the expenses and penalty aforesaid, and in the order above, if the proceeds of the sale be not sufficient to pay the whole thereof. owner appears Town treasurer may sell after notice; proceeds, how appropriated. SEC. 10. If any town shall vote to extend the provisions of this Provisions of chapter to goats and to geese going at large within its limits, there- this chapter may be extendafter such goats and geese shall subject their owner to the same ob- ed to goats and ligations and duties, and shall themselves be disposed of in the same geese. way, as is, in this chapter provided, in relation to the animals therein named. SEC. 11. The pound-keeper's fees for receiving goats shall be four Fees and pencents each, and for receiving geese, two cents each; and the penalty alty in such shall be twenty cents for each goat, and five cents for each goose. case. Remedy if cattle break through lawful fence. Damages, if animal is impounded, how appraised. Notice of imounding, when, to whom, and how given. SECTION common pleas, when; how to 17. Proceedings in cases of actions for SECTION 18. Animals breaking through, unlawful, &c., division fence, owner of fence liable. SECTION 1. If any neat-cattle, horses, sheep, or hogs shall break through a lawful fence into the enclosure of any person, the person aggrieved thereby may recover his damages, either by action against the owner of the trespassing beasts, or by impounding such beasts. SEC. 2. The party aggrieved, in order to be entitled to recover damages by impounding, shall, within two days after such beasts break into his enclosure, get two freeholders of the town wherein the trespass is committed, to appraise the damage, and give a statement thereof in writing, under their hands, and shall lodge the same with the pound-keeper. SEC. 3. Whenever beasts are impounded, the pound-keeper shall, within forty-eight hours thereafter, give notice thereof in writing to the owner, if the owner shall be known to him and resides within six miles from the pound; which notice shall be delivered to the owner or left at his place of abode, and shall contain a description of the beasts, and a statement of the time and cause of impounding; and in case the owner shall not be so known or resides more than six miles from the pound, the person impounding shall post up such notice in three public places in the town in which the beasts are impounded. SEC. 4. If the owner of such beasts impounded as aforesaid shall when may sell not, within ten days after the impounding thereof, pay and satisfy the damages appraised as aforesaid, and the charges of impounding and feeding said beasts, or shall not replevy the same, the pound-keeper shall cause them to be sold by public auction in the town where they are impounded, first advertising the sale by giving personal notice to the owner of the beasts, if he is known, and if he is not known, by posting notices of such sale at least three days before the sale, in three public places in the town in which the beasts are impounded. Pound-keeper, such animal to satisfy dam ages and charges. Disposition of proceeds of sale. Pound-keeper to feed impounded beasts; when may deliver to owner. Fees of poundkeeper. Person im have action for damages. SEC. 5. The proceeds of sale, after paying all the said damages, costs, and expenses, with the costs of advertising and selling the beasts, shall be paid into the town treasury, for the use of the owner of said beasts, if he shall substantiate his claim thereto within two years from sale. SEC. 6. The pound-keeper shall feed such beasts so impounded, at the charge of the owner thereof; and he shall not deliver them to the owner until the owner pays him his fees, together with the sum demanded for damages, and all other legal costs and expenses. SEC. 7. The pound-keeper shall be allowed as his fee for impounding, for each neat beast or horse, twenty-five cents; for each hog or sheep, five cents; and for each notification set up or notice given to the owner, twenty-five cents; and ten cents per mile for travel in giving personal notice, to be computed from the pound to the place of service. SEC. 8. If the owner of such beasts so impounded shall, within pounding may two days after they are impounded, demand of and receive from the pound-keeper such beasts, and pay him his charges, and the person impounding has not lodged with the pound-keeper a statement of damages, he may have his action at law for such damages, provided he shall perform all the requisitions and proceedings mentioned in the second section of this chapter. |