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The person fencing, on refusal of the other, shall ascertain on equal proportion to he preserved by the other.
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VIII. And be it further enacted by the authority aforesaid, That in case any person shall refuse to fence or plant according to the true intent and meaning of this act, so as in default of so doing the proprietor, possessor, or tenant of the adjoining land shall fence and ditch between his land or holding and the neighbouring lands or holdings, the person or persons so ditching or fencing as aforesaid shall and may ascertain and set out an equal proportion of such fence, which the tenant or tenants, or occupier or occupiers, of the adjoining lands shall be obliged from time to time to keep in good order and repair as his part of the said fence, and to weed and preserve the quicksets, if any planted thereon.
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