Section 308. Damages for omitting to build fence

If any person 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 put out of repair, he shall not be allowed to have
  and maintain any action for damages incurred  by  beast  coming  thereon
  from  adjoining lands, where such beasts are lawfully kept, by reason of
  such defective fence, but shall be liable to pay to  the  party  injured
  all  damages  that shall accrue to his lands, and the crops, fruit trees
  and shrubbery thereon, and fixtures  connected  with  the  land,  to  be
  ascertained  and  appraised by any two fence viewers of the town, and to
  be recovered, with costs; which appraisement shall be reduced to writing
  and signed by the fence viewers making the same, but shall be only prima
  facie evidence of the amount of such damages.