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TITLE 4

Penalty for neglect.

$10. If any supervisor shall refuse or neglect to perform the du ties enjoined in the last preceding section, he shall forfeit the sum of fifty dollars.31

To have enustody of books

&c.

ARTICLE SECOND.

Duties of the Town Clerk.

SEC. 11. To keep records, books and papers of town, and to file papers.
12. To record minutes of the proceedings of town-meetings.

13. To deliver certified copies of certain entries to supervisor.

14. To return to county clerk, names of constables elected in his town.

15. Penalty for neglect to make such return.

16. Copies of papers, and transcripts from records certified by him, to be evidence.

$ 11. The town clerk of each town in this state, shall have the and papers, custody of all the records, books and papers of the town; and he shall duly file all certificates of oaths, and other papers required by law to be filed in his office.

Minutes, &c. $12. He shall transcribe, in the book of records of his town, the minutes of the proceedings of every town-meeting held therein; he shall enter in such book every order or direction, and all rules and regulations, made by any such town-meeting. 32

Copies of en

tries.

Names of constables.

Penalty.

Certified co

pies of papers evidence.

$ 13. He shall deliver to the supervisor, before the annual meeting of the board of supervisors of the county, in each year, certified copies of all entries of votes for raising money, made since the last meeting of the board of supervisors, and recorded in the town book.33

$ 14. The town clerks, immediately after the qualifying of any constables chosen or appointed, in their respective towns, shall return to the clerks of their respective counties, the names of such constables.3

34

15. If any town clerk shall wilfully omit to make such return, such omission is hereby declared to be a misdemeanor: and on conviction thereof, the person offending shall be adjudged to pay a fine not exceeding ten dollars.34

$ 16. Copies of all papers duly filed in the office of the town clerk, including those filed with him as clerk of the commissioners of common schools, and transcripts from the book of records, certified by him, shall be evidence, in all courts, in like manner as if the origi nals were produced.

ARTICLE THIRD.

Of Strays.

SEC. 17. Persons having strays on their enclosed lands, between first of November and first of April, to deliver to town clerk, a note in writing, containing a description of each stray.

18. Consequences of neglect to deliver such note.

19. Town clerk to make entry of such notes; his fees therefor.

(31) 2 R. L. 136, § 31; 1 R. L. 483, § 3 and 4. (32) 2 R. L. 131, § 12. (33) 1 R. L.

287, § 23. (34) 2 R. L. 128, § 8; Laws of 1819, p. 31.

ART. 3.

SEC. 20. Book of entries to be kept open for inspection.

21. Compensation and charges to be paid to person delivering note; charges to be ascertained by fence viewers.

22. Fees of fence viewers; by whom to be paid.

23. If strays are not redeemed before first day of May, charges to be ascertained by fence-viewer, and certificate to be given by him; his fees therefor.

24. Strays if not redeemed, may be sold by public auction.

25. Notice of sale how to be given.

26. Monies arising from sale how to be disposed of.

27. Residuary monies, if not claimed by owner within one year, to be paid to supervi

sors.

28. Penalty for neglect to pay over such residuary monies. 29. Cities considered towns for purposes of this Article.

Note in wri

$ 17. Whenever any person shall at any time have any strayed ting to be dehorse upon his enclosed land, or shall, between the first day of No-livered. vember in any year, and the first day of April thereafter, have any strayed neat cattle or sheep upon his enclosed lands, such person shall, within ten days after the coming of any such stray thereon, deliver to the clerk of the town within which such lands shall be, a note in writing, containing the name and place of abode of such person, age, colour, and marks, natural and artificial, of each stray,

as near as may be.35

ces of omis

$ 18. If any person upon whose enclosed lands any such neat cat- Consequentle, horses or sheep, shall come, shall neglect to deliver such note in sion. writing, to the town clerk, within the time above required, he shall be precluded from all the benefits of this Article, and from all claim to compensation for keeping such strays.

clerk.

$ 19. The town clerk, on the receipt of every such note, shall en- Duty of town ter the same at large in a book to be provided by him for that purpose; for which entry he shall receive six cents each for all neat cattle and horses, and three cents for each sheep, to be paid by the person delivering the note.3

35

$20. The book in which such entries shall be made, shall always I. be kept open to inspection; and no fee shall be taken by the clerk for any search therein.35

the person

note.

$21. The person delivering the note shall be entitled to receive Charges of therefor nine cents each, for all neat cattle and horses, and three giving sucb cents for each sheep described in the note; and he may detain such strays until the owner thereof shall appear and pay such fees, together with the fees paid or due to the clerk, and all reasonable charges for keeping the strays; such charges being first ascertained by two of the fence viewers of the town, to be selected by the person claiming same, in case he and the owner of the stray cannot otherwise

the agree.35

$ 22. Each fence viewer shall be entitled to receive six cents for Fees of fence every mile he shall be obliged to travel, from his house to the place

(35) 2 R. L. 231, § L

viewers.

TITLE 4. where such strays are kept, and twenty-five cents for a certificate of the charges as ascertained by him; such fees to be paid by the owner of the strays.36

Proceedings if strays are not redeemed

Ib. Sale of

strays.

Notice of sale

Monies aris

ing from sale,

of.

S23. Every person who shall deliver any such note, and keep any stray described therein, shall, if the same be not sooner claimed and redeemed, between the first day of May and the twentieth day thereafter, give notice to one of the fence-viewers of the town, whose duty it shall be to ascertain, according to the best of his knowledge and judgment, the reasonable charges of keeping such stray, a certificate whereof shall be given by him to the person applying for the same. The fence-viewer shall be entitled to the like fees as above provided, to be paid by the person applying for the certificate. 36

$24. If no owner shall appear to claim such stray, on or before the first day of May next after the making of such entry, or if the owner shall refuse or neglect to pay the sums charged on such stray, then the person who shall have delivered such note, and kept such stray, may proceed to sell the same by public auction, to the highest bidder.37

$25. Such person shall give at least twenty days previous notice of the time and place of such sale, by advertisement, to be posted up at three of the most public places in the town where the strays shall have been kept.37

$26. Out of the monies arising from such sale, he shall retain for how disposed his own use the sums charged on such strays for the aforesaid note in writing, entry and certificate, together with the sum specified in the certificate for keeping such strays, and the like charges for such sale as are allowed on sales under executions issued out of justices' courts. He shall pay the residue of said monies, on demand, to the owner of the strays, if he shall appear to demand the same.37

Ib.

Ib.

Cities.

$27. If the owner shall not appear and demand the residue of such monies, within one year after the sale, he shall be forever precluded from recovering any part of such monies; and the aforesaid residue shall be paid to the supervisor of such town, for the use of the town; and his receipt shall be a legal discharge to the keeper of such strays.37.

$28. If the person who shall have sold such strays, shall not, within thirty days after the expiration of the year, pay such residuary monies to the supervisor of the town, he shall forfeit to the town double the sum so remaining in his hands, together with the amount of such residuary monies.37

$29. Each of the cities of this state shall be considered towns for the purposes of this Article.38

(36) 2 R. L. 231, § 2. (37) Ib. § 3. (38) Ib. § 1.

ARTICLE FOURTH.

Of Division and other Fences.

SEC. 30. Owners of adjoining land to make and maintain division fences, unless either chooses to let such land lie open.

31. Person who shall have chosen to let his land lie open, if he afterwards enclose it,

to refund or build his proportion.

32. Proportion to be paid or built by him how ascertained.

33. Disputes concerning division fences, to be settled by fence-viewers.

34. Manner in which fence-viewers are to be selected.

35. Fence-viewers to examine premises, &c.; if they disagree, another to be selected.

36. Decision of fence-viewers to be reduced to writing and filed.

37. Damages from neglect to make or repair division fence, to be appraised by fence-
viewers, and recovered by the party injured.

38. In case of continued neglect, fence may be made or repaired by the party injured.
39. Division fence may be removed after notice given, and with permission of fence-
viewers.

40. Party removing such fence without permission, liable for damages.

41. Division fence destroyed by injury or casualty, how repaired.

42. Party refusing or neglecting to make such reparation, liable for damages.

43. Witnesses may be examined before fence-viewers.

44. Persons who neglect to keep a regular fence, not to recover damages in certain

cases.

45. Fence presumed to be sufficient, until contrary be shewn.

$ 30. Where two or more persons shall have lands adjoining, each of them shall make and maintain a just proportion of the division fence between them, except the owner or owners of either of the adjoining lands shall choose to let such land lie open.

ART. 4.

Division fence to be maintained.

land shall

open.

$ 31. Where a person shall have chosen to let his land lie open, Ib. When if he shall afterwards enclose it, he shall refund to the owner of the have laid adjoining land, a just proportion of the value at that time, of any division fence that shall have been made by such adjoining owner; or he shall build his proportion of such division fence.

$32. The value of such fence, and the proportion thereof to be Ib. paid by such person, and the proportion of the division fence to be built by him, in case of his enclosing his land, shall be determined by any two of the fence-viewers of the town.

settled.

S33. If disputes arise between the owners of adjoining lands, con- Disputes how cerning the proportion of fence to be maintained or made by either of them, such disputes shall be settled by any two of the fence-viewers of the town.

$34. When any of the above mentioned matters shall be submit- Ib. ted to fence-viewers, each party shall choose one; and if either neglect, after eight days' notice, to make such choice, the other party may select both.

offence view

ers.

$35. The fence-viewers shall examine the premises, and hear the Proceedings allegations of the parties. In case of their disagreement, they shall select another fence-viewer to act with them, and the decision of any two shall be final upon the parties to such dispute, and upon all parties holding under them.

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TITLE 4.

Proceedings

$36. The decision of the fence-viewers shall be reduced to writ

ing, shall contain a description of the fence, and of the proportion to of fence view- be maintained by each, and shall be forthwith filed in the office of the town clerk.

ers.

Neglect to

make or re

$37. If any person who is liable to contribute to the erection or pair fence. reparation of a division fence, shall neglect or refuse to make and maintain his proportion of such fence, or shall permit the same to be out of repair, he shall be liable to pay to the party injured, all such damages as shall accrue thereby, to be ascertained and appraised by any two fence-viewers of the town, and to be recovered, with costs of suit. The appraisement shall be reduced to writing, and signed by the fence-viewers making it.

Ib.

When fence may be removed.

Ib.

Fence de

by

$38. If such neglect or refusal shall be continued for the period of one month after request in writing, to make or repair such fence, the party injured may make or repair the same, at the expense of the party so neglecting or refusing, to be recovered from him, with costs of suit.

$39. If any person who shall have made his proportion of a division fence, shall be disposed to remove his fence, and suffer his lands to lie open, he may, at any time between the first day of November, in any year, and the first day of April following, but at no other time, give ten days notice to the owner or occupant of the adjoining land, of his intention to apply to the fence-viewers of the town, for permission to remove his fence; and if at the time specified in such notice, any two of such fence-viewers, to be selected as aforesaid, shall determine that such fence may with propriety be removed, he may then remove the same.

$40. If any such fence shall be removed without such notice and permission, the party removing the same, shall pay to the party inju red, all such damages as he may sustain thereby, to be recovered,

with costs of suit.

S41. Whenever a division fence shall be injured or destroyed by accident to floods, or other casualty, the person bound to make and repair such be repaired. fence, or any part thereof, shall make or repair the same, or his just proportion thereof, within ten days after he shall be thereunto requir ed by any person interested therein. Such requisition shall be in writing, and signed by the party making it.

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$42. If such person shall refuse or neglect to make or repair his proportion of such fence, for the space of ten days after such request, the party injured may make or repair the same, at the expense of the party so refusing or neglecting, to be recovered from him, with costs of suit.

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