charged to each party as aforesaid; and such division, and division made in writing by agreement of the parties, shall be binding upon such parties, and the succeeding occupiers of such lands, and they shall forever after be obliged to maintain the part allotted and assigned as aforesaid, unless a new agreement should afterwards otherwise establish a division. And in all cases where division shall be made as aforesaid, or where division shall have been made by agreement of the parties, if either party shall neglect to build and make a sufficient fence on his part, or shall neglect to keep the same in good repair from tirae to time, the party aggrieved thereby, may apply to the fence viewers, who shall repair to the place, and if they are of opinion that the fence, if there be any, is sufficient, or if there be none, that there hath been a division either in manner aforesaid, or by agreement of parties as aforesaid, they shall notify in writing the delinquent to build or repair his part of the fence within the term of six days, or within such term, which shall never be less than six days, as they, considering the season of the year, and the labor to be done, may think just and reasonable. And where division shall be made by fence viewers, they may do this at the time of their making such division; and if the party shall neglect to build or repair that part of the fence which belongs to him to build or repair, within the time so ordered and allowed by the fence viewers as aforesaid, then the party ag grieved thereby and injured by such neglect, his own part of the fence being in good repair, and so adjudged by the fence viewers, may build or repair the part of him so neglecting, and the said fence viewers, if they adjudge the part so built or repaired sufficient, shall estimate and appraise the same, and thereto add their own fees, and shall express and set down such their appraisement and the amount of their fees in writing, and shall sign the same, and the person so building or repairing, shall have a right to demand and receive double the said amount of the occupant, lessor or freeholder of the land where the said fence was deficient, at his election, together with the cost of suit. That previous to the commencement of any such suit, he shall demand the said double amount of the person against whom he shall - make his election."

"That when one of the owners of lands adjoining, shall have begun to improve before the other, and shall have built a fence on the divisional line between them, and afterwards the other shall inprove and shall be advantaged thereby, the occupant, lessor or freeholder of such land last begun to be improved, shall pay for one half of the partition fence between them, according to the value of it at the time he shall begin to improve, such value to be ascertained (in case they cannot agree amongst themselves) by the fence viewers, on application of either party, the other being notified to attend at the time of making such appraisement, which shall be set down and expressed in writing, and be signed by the fence viewers making the same, and delivered by them to such of the said parties as will receive the same. And if such occupant, lessor or proprietor as aforesaid, shall, after notice as aforesaid, and demand made, for the space of thirty days neglect to pay for a moiety of such fence, the proprietor of such fence, or person who made the same, shall, and may recover double the sum so tained, by special action on the case, against such occupant, lessor or freeholder notified and requested as aforesaid,'

ascer

"That when one party shall cease to improve his land, or shall lay his enclosure before under improvement, in common, he shall not have a right to take away his part of the fence, but shall have a right to the value of his part from the owner, occupant or lessor of the lands adjoining, he continuing to improve, and if they cannot agree on the value of such fence at the time of his so ceasing to improve, the same shall be determined and ascertained by the fence viewers in manner aforesaid, and on neglect of payment after demand actually made, for the space of thirty days, the said party so ceasing to improve, shall recover the full value ascertained as aforesaid, of the occupant, lessor or freeholder, by action on the case with cost of suit."

"That when any damage shall happen to any owner or occupant of land, by reason of deficient fence which it was the duty of the owner or occupant of the land adjoining to build or maintain, then such person whose duty it was to build or maintain such fence, which hath proved to be so insufficient, shall be liable to make good

all such damages, to be recovered by special action on the case."

"That when any damage shall be done to any person, whose fences are insufficient, and such damage shall happen through such deficiency of fence, by swine yoked and ringed according to law, horses fettered, and other creatures not prohibited from feeding on the highways or commons, the person sustaining such damage may not impound the creatures so doing damage, nor shall he recover any damages therefor."

"That if any fence viewer shall neglect to attend, and do any of the duties enjoined upon him by law, he shall forfeit and pay the sum of thirty shillings to any person who shall sue for the same."

"That each fence viewer shall be allowed four shillings per day for his services, and two shillings for any time less than a day, and in all cases except when the same is otherwise ordered and directed, the fees shall be paid by the parties interested, and in all cases where the party or parties whose duty it is to pay the fence viewers for their service, shall neglect to pay the same for the space of thirty days after the service done, they may recover double fees by action on the case, and each fence viewer may be a witness for or against another fence viewer, who was concerned with him in the same business or service."

"That in all cases before mentioned, where fence viewers shall make a division of fence, or shall estimate the value of any fence made or repaired, they shall make oath that in doing it they have acted impartially, uprightly and according to their best skill and judgment, and the same being recorded with the justice's certificate thereon, in the book of records belonging to such town or place, by the clerk thereof where the original is lost, an attested copy from such records shall be used instead thereof, and shall be of equal validity with the original.”

FORM NO. I.

The form of an agreement made by owners of adjoining lands to divide the fences.

MEMORANDUM. It is agreed by and between A. B. of Chester in the county of Rockingham, yeoman, and

C. D. of the same Chester, gentleman, that the fence between the farm of said A. B. in said Chester on which he now resides, and the farm of the said C. D. called the Chase place shall be divided and that the part of said fence which is as follows, to wit: beginging at and running to shall forever hereafter be maintained and kept in repair by the said A. B. and his heirs and assigns; and that the part of said fence which is as follows, to wit: beginning at - and run

ning to shall forever hereafter be maintained and kept in repair by the said C. D. and his heirs and assigns.

In witness whereof we have hereunto set our hands, this

day of

A. D.

A. B.

C. D.

FORM NO. II.

Form of a notice to be given to the parties by the fenceviewers before they proceed to make a division.

To A. B. of Chester in the county of Rockingham, yeoman, and C. D. of the same Chester, gentleman.

You are hereby notified that application having been made to the undersigned, the fence-viewers of the said town of Chester to make a division of the fence between the farm on which the said A. B. now resides and the farm of the said C. D. called the Chase place, we shall attend for the purpose of making a division of said fence on Monday the day of instant, at ten of the clock in the forenoon at said fence, when and where you may be present and be heard on the subject if you see cause. Given under our hands this day of

A. D.

W. H.

C. M.

A notice in this form ought to be read to the parties respectively or be left at their respective places of abode

a reasonable time previous to the day appointed. It will be the safest course to give at least seven days notice exclusive of the day appointed.

FORM NO. III.

Form of a division of a fence by fence-viewers.

THE undersigned, the fence-viewers of the town of Chester in the county of Rockingham, due application having been made to us to make a division of the fence between the farm on which A. B. of said Chester yeoman, now resides and the farm of C. D. of said Chester gentleman, called the Chase place, appointed Monday, the twenty-first day of July A. D. 1828, at ten o'clock in the forenoon at said fence, as the time and place for taking said application into consideration; and having caused due notice of the said time and place to be given to the said parties respectively on the fourteenth day of the same July, we have this day met agreeably to said appointment; and having viewed said fence and heard the parties and duly considered all the circumstances we have made and do hereby make a division of the same as follows: That part of said fence beginning at and running to we have assigned to the said A. B. to be maintained and kept in repair by him his heirs and assigns forever; and that part of said fence beginning at and running to we have assigned to the said C. D. to be maintained and kept in repair by him his heirs and assigns forever, And we do certify that our fees for the services aforesaid amount to one dollar, fifty cents of which is to be paid by each party.

In witness whereof we have hereunto set our hands, this twenty first day of July A. D. 1828.

W. H.

C. M.

Rockingham, ss.-July 21, 1828.

THEN the above named W. H. and C. M. personally appearing made oath that in making the division of the