Rhode Island § 34-10-16 § 34-10-16. Construction or repair of fence by complainant — Action for cost and penalties.

Rhode Island Statutes

§ 34-10-16 — § 34-10-16. Construction or repair of fence by complainant — Action for cost and penalties.

Rhode Island·Title 34 Property·Ch. 34-10 Fences

§ 34-10-16. Construction or repair of fence by complainant — Action for cost and penalties.
If the order shall not be complied with the complainant may build, repair, or rebuild
            the fence in the manner set forth in the order, and when the fence shall be completed
            to the satisfaction of such fence viewer he or she shall ascertain the cost thereof
            and give a certificate of the same, including also his or her fees, to the complainant,
            who shall be entitled to demand and recover of the party delinquent double the sum
            in the certificate mentioned, and interest at the rate of twelve per cent (12%) per
            annum. The fence viewer shall lodge a like certificate

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§ 34-10-16. Construction or repair of fence by complainant — Action for cost and penalties.

If the order shall not be complied with the complainant may build, repair, or rebuild the fence in the manner set forth in the order, and when the fence shall be completed to the satisfaction of such fence viewer he or she shall ascertain the cost thereof and give a certificate of the same, including also his or her fees, to the complainant, who shall be entitled to demand and recover of the party delinquent double the sum in the certificate mentioned, and interest at the rate of twelve per cent (12%) per annum. The fence viewer shall lodge a like certificate, to be signed by him or her, in the town clerk's office of the town in which the land lies, and the double sum above-mentioned shall be a lien on the land of the delinquent party, and shall attach at and from the time of the filing of the order in the town clerk's office, as provided in § 34-10-15, and may be recovered in a civil action. If the defendant cannot be found within the state, the writ shall be served by leaving an attested copy thereof in the clerk's office of the town wherein the land is situated, and the judgment in the action may be satisfied by an execution issued thereon, levied and served in the same manner as provided for the levy and service of executions in actions at law.

Rhode Island § 34-10-16 (§ 34-10-16. Construction or repair of fence by complainant — Action for cost and penalties.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

G.L. 1896, ch. 126, § 6; P.L. 1902, ch. 992, § 1; G.L. 1909, ch. 152, § 10; G.L. 1923, ch. 182, § 10; G.L. 1938, ch. 645, § 10; G.L. 1956, § 34-10-16.