Section 305. Neglect to make or repair division fence

If any person who is
  liable to contribute to the erection or repair of a division fence shall
  neglect or refuse to make and maintain his proportion of such fence,  or
  shall permit the same to be out of repair, he shall be liable to pay the
  party   injured  all  such  damages  as  shall  accrue  thereby,  to  be
  ascertained and appraised by any two fence viewers of the town,  and  to
  be  recovered  with costs. The appraisement shall be reduced to writing,
  and signed by the fence viewers making it. If such  neglect  or  refusal
  shall  be continued for the period of one month after request in writing
  to make or repair the fence, the party injured may make  or  repair  the
  same,  at  the  expense  of  the  party so neglecting or refusing, to be
  recovered from him with costs.