§ 305. Neglect to make or repair division fence. If any person who is
liable to contribute to the erection or repair 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 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. The appraisement shall be reduced to writing,
and signed by the fence viewers making it. If such neglect or refusal
shall be continued for the period of one month after request in writing
to make or repair the 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.