272.040. Judge may appoint viewers to view fence--compensation of appointees.

Judge may appoint viewers to view fence--compensation of appointees.

272.040. Upon complaint of either party claiming to be injuredbecause of the trespass or taking up of livestock as described in section272.030, the associate circuit judge shall, without delay, issue an orderto three disinterested householders of the neighborhood, not of kin toeither party, reciting the complaint, and requiring them to view the fencewhere the trespass is complained of, and take memoranda of the same, andappear before the court on the day set for trial; and their evidence shalldetermine the lawfulness of such fence. The persons appointed by theassociate circuit judge shall be paid twenty-five dollars each per day forthe time actually employed which shall be taxed as costs in the caseequally against the parties and collected accordingly.

(RSMo 1939 § 14572, A.L. 1945 p. 917, A.L. 2001 H.B. 219 merged with S.B. 462)

Prior revisions: 1929 § 12909; 1919 § 5514; 1909 § 6457