NO. V. APPRAISERS' CERTIFICATE. We the undersigned A. N. and B. G. having been duly sworn for the purpose by J. M. Constable, do upon our oath certify, that we have appraised and do appraise the goods and chattels in the within contained inventory mentioned, having personally viewed the same, at sixty dollars. In witness whereof we have hereunto set our hands this 3d day of May, 1815. A. N. B. G. Appraisers. NO. vi. NOTICE OF VENDUE TO TENANT. Take notice, that I intend to sell the goods and chattels, in the inventory hereunto annexed specified, at public vendue to the highest bidder, at the court house, in the village of Kingston, on the 7th day of May instant, at 10 o'clock in the forenoor of that day. Dated 3d May, 1815. J. M. Constable. NO. VII. CONSTABLE'S FÉES. For serving a warrant, nineteen cents. Serving a warrant of distress for rent, one dollar and fifty cents; making an inventory on such distress, and draft of notice, and as many copies as may be necessary, one dollar; travelling fees, per mile, six cents; fees for levying only, for each dollar, one cent: Provided, That this shall not extend to the city of New York. Milage for every mile, going only, six cents. Levying a fine or penalty, to the amount of two dollars and fifty cents or under, twelve and a half cents; and on all sums above two dollars and fifty cents at the rate of twelve and a half cents on every two dollars and fifty cents. Taking a defendant into custody on a mittimus, 121-2 cents. THE FENCE VIEWER. As there is perhaps no object better calculated to preserve peace and harmony between neighboring farmers, than to keep their several fences in good order and repair, and on the proper and correct boundaries of their respective lots or enclosures: So there is probably no subject which has more frequently disturbed the repose between such neighbors and been a more prolific source of rancorous animosities and lawsuits between them, as keeping poor or insufficient fences, or erecting them on improper boundary lines. To avoid those evils, and to nurture and encourage the pursuits of agriculture, our legislature have authorised the office, and enjoined the incidental duties, of which we propose to treat in this chapter: For all must admit the importance of good fenees to advance the interests of husbandry, and that the prosperity of the state is promoted in proportion as her citizen farmers become wealthy and independent. Besides, as it is offensive to both human and divine laws to remove or shift a neighbor's land mark, and which in fact is often inadvertently done, in the act of repairing partition fences, it is material that neighboring farmers, who value the blessings of peace and friendship, should so regulate and ascertain their respective lines, and construct and repair their partition fences, as to avoid the least cause of controversy. But that is not all: it is surely requisite, that every landholder should have some knowledge of the law on this subject. Let us then enquire into it, 7 It is the fence viewer's office, to be conversant with all and singular the controversies which accrue in his town, concerning the just proportion of partition fences to be respectively made by and between neighboring owners or occupants of lands, and the sufficiency of the fences enclosing the several lots of the inhabitants thereof, and upon actual view of such fences as have become a subject of dispute before him, to determine the suff ciency or insufficiency of the same, upon the oath of his offices and acccording to the town regulation and the law of the state. OATH. do solemnly and sincerely promise and swear (or affirm) that I will in all things, to the best of my knowledge and ability, well, faithfully and impartially, execute and perform the trust reposed in me as a fence viewer in the town of county of in the DUTIES. To settle disputes about Partition Fences. It is enacted by the seventeenth section of the act relative to the duties and privileges of towns, that where the lands or meadows of any two or more persons shall join each other, each of them shall make and maintain a just proportion of the division fence between them, except such persons shall choose to let their lands or meadows lay vacant and open; and in case any disputes shall arise concerning the part or proportion of the fence to be made and maintained by either party, the same shall be settled by the fence viewers of the town where such lands or meadows shall be situated, or any two of them, whose decision shall be conclusive; and if any person shall neglect or refuse to make and maintain his or her part or proportion of such fence, or sball permit the same to be out of repair, every such person shall be liable to, and shall pay all such damages as shall accrue to his or her neighbors thereby, to be appraised and ascertained by the fence viewers of the same place, or any two of them, not interested therein, and to be recovered with costs in any court having cognizance of the same; and in case the party so neglecting and refusing shall continue such neglect or refusal for the space of one month after notice and request to make or repair such fence, then and in every such case it shall be lawful for the party injured thereby, to make and repair all the said fence at the expence of the party so neglecting or refusing, to be recovered with costs of suit in any court having cognizance of the same; and in case any person who shall have made his proportion of any such fence, shall conclude or be disposed to throw up his said lands or meadow for common feeding, or to let the same lay open, such person shall give three months notice thereof to the person or persons in possession of the lands and meadows adjoining, and if such fence shall be removed without giving such notice, or before the expiration of the said three months, then the person removing the same shall be liable to make good all such 1 POINTS ADJUDGED IN THE SUPREME COURT. FENCE VIEWERS. The existence of a dispute about a particular fence, is suffi cient to enable the fence viewers to interpose. 4 Johns. Rep. 414. In an action to recover the defendant's proportion of the expenses of putting up a partition fence, if no dispute had existed as to the proportion, a decision of the fence viewers need not be shown. 4 Johns. Rep. 136. And in such case the costs and expence of repairing are not to be settled by the fence viewers. Ibid. Parol proof of a written notice to repair, is sufficient. Ibid. PRECEDENTS, NO. I. NOTICE TO REPAIR FENCE. To Mr. A. M. I do hereby request you to make and repair your propor tion of the partition fence between the lands of the subscriber and yourself, situated at within the limits of the town of Kingston, pursuant to the act in such case made and provided Given under my hand this day of May, 1815. G. M NO. II. AFFIDAVIT OF SERVICE OF THE ABOVE Ulster County, 9s. On the second day of June, 1815, personally came before me K. L., one of the justices of the peace for the county of Ulster, B. O. and made oath, that on the of May last past, he, this deponent, served a true copy of the a day |