§ 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.
History of Section.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.
Structure Rhode Island General Laws
Section 34-10-1. - Lawful fences defined.
Section 34-10-2. - Consent of adjoining owner to barbed-wire fence.
Section 34-10-3. - Removal of barbed-wire fence.
Section 34-10-4. - Expense of removal of barbed-wire fence.
Section 34-10-5. - Barbed-wire fences through woodland — Fences existing before 1906.
Section 34-10-6. - Maintenance of water fences.
Section 34-10-7. - Marshland exempt.
Section 34-10-8. - Remedies of marshland owner to trespass.
Section 34-10-9. - Placement of partition fences — Maintenance throughout year.
Section 34-10-10. - Partition fences between lands under improvement.
Section 34-10-11. - Partition fences between improved and unimproved lands.
Section 34-10-12. - Payment for previously constructed fence.
Section 34-10-13. - Viewing and division of fence — Award of cost.
Section 34-10-14. - Holding and improving partition fences — Agreements between owners.
Section 34-10-15. - Complaint of neglect to maintain fence.
Section 34-10-16. - Construction or repair of fence by complainant — Action for cost and penalties.
Section 34-10-17. - Settlement of controversies by viewer.
Section 34-10-18. - Viewer’s fees.