Rhode Island General Laws 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.
Terms Used In Rhode Island General Laws 34-10-16
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Lien: A claim against real or personal property in satisfaction of a debt.
- town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.