CHAPTER 318

RELATING TO FENCE VIEWERS

AN ACT TO AMEND CHAPTER 103 OF THE REVISED CODE OF DELAWARE, 1935, ENTITLED "FENCES," RELATING TO FENCE VIEWERS.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 103 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out and repealing all of 4175. Sec. 3. thereof, and repealing and enacting in lieu thereof the following:

4175. Sec. 3. FENCE VIEWERS; APPOINTMENT; POWER; QUORUM; FEES; COSTS:--The Court of General Sessions shall annually appoint not more than eight nor less than five persons in each Hundred to be fence viewers, who shall be the sole judges of the sufficiency of any fences, of the charges of making or repairing partition, or other fences, and how borne, and of damages by animals trespassing.

Any three of them may act, and the majority of those acting may decide any pertinent matter.

The person whose name heads the list of fence viewers in the respective Hundreds shall act as chairman and in his absence the second person so listed shall be chairman, and in his absence the chairman shall be the next in order of the names listed. The chairman shall make a record of the terms of settlement in each dispute and shall keep such records available until all terms of settlement have been complied with. One month before the date of appointing fence viewers for the ensuing year, the chairman shall submit to the Clerk of the Peace of the respective Counties, the names of any present members who desire their names to be removed from the list of fence viewers, stating the reasons therefor.

The fence viewers shall be allowed Eight Dollars ($8.00) per day and seven cents ($.07) per mile for travel to and from the point of dispute. The chairman shall receive in addition to fees received by other members the further sum of One Dollar ($1.00) for each day as stated. Said fees and mileage allowances shall be paid for each necessary trip made in connection with a dispute.

The chairman shall submit and certify to the Levy Court of the County in which services as fence viewers have been performed, a list of the names of those fence viewers who have acted in each case specifying the amount of fees due to each fence viewer. The 'Levy Court of the County in which such list is submitted, properly certified to as aforesaid, shall make payment of the amount of money shown to be due thereon to each fence viewer out of any moneys in the County Treasury not otherwise appropriated.

Approved June 5, 1951.