§ 1305 — Judgment of fence-viewers; enforcement and penalty for noncompliance

If the fence-viewers judge any fence to be insufficient, they shall give notice thereof to the person bound to maintain the fence. If 1 of several persons so bound, upon such notice and request, neglects, for 5 days, to make that 1 person’s own part of the fence good, or pay that 1 person’s share of the same or of any partition fence before made, any justice of the peace may, on complaint, direct the party aggrieved to repair the fence, and the aggrieved party shall be reimbursed double the cost which the person, so neglecting to repair the same, was bound to pay or contribute.

Legislative History

Code 1852, § 1007; Code 1915, § 3628; Code 1935, § 4177; 25 Del. C. 1953, § 1305; 70 Del. Laws, c. 186, § 1