§ 309. Use of barbed or other wire for division fence. Barbed or other
wire may be used in the construction of any division fence, provided,
that such fence, be built in the following manner: The fence shall be
of at least four strands of wire with the posts and supports of such
fence, at such distances apart, as the fence viewers of the town may
prescribe, but the posts thereof shall be no further apart than fourteen
feet; and such fence shall be otherwise substantially built and a
reasonable sufficient inclosure for holding the particular kind or class
of cattle or animals usually pastured on either side of the fence.
Nothing contained in section three hundred seven shall be construed to
authorize the electors of any town to prohibit the use of wire fences,
for division fences, if such fences comply with the requirements of this
section. Whenever such fence shall become so out of repair as to be
unsafe, it shall be the duty of the owner or owners to immediately
repair the same. But this section shall not be so construed as to permit
railroad corporations to use barbed wire in the construction of fences
along their lines contrary to the provisions of section fifty-two of the
railroad law.