29-403. Assessment of damages by fence viewers.

29-403

Chapter 29.--FENCES
Article 4.--MISCELLANEOUS PROVISIONS

      29-403.   Assessment of damages by fence viewers.If in the opinion of said fence viewers such fence is a good andsufficient fence, according to the provisions of this act, they shallproceed, upon view and inquiry, to assess the damages sustained by suchapplicant from such trespassing animal or animals; which assessment,including the sum due for their services, they shall make out and certify,in writing, subscribe their names thereto, and deliver the same to theperson sustaining such damage; and all expenses of the view shall be borneequally between the parties interested, except in case of a view toappraise damages for neglect or refusal to make or maintain a justproportion of a division fence, in which case the costs of view shall bepaid by the party in default, to be recovered as a part of the damagesassessed.

      History:   G.S. 1868, ch. 40, § 28; Oct. 31; R.S. 1923, 29-403.