Soads  along  division  lines. — Whenever  a  public  or
private  road  sliall  be  laid  along  the  division  line  between
the  lands  of  two  or  more  persons,  and  wholly  upon  one
side  of  said  line,  and  the  lands  upon  both  sides  of  said
division  line  shall  be  cultivated  or  improved  ;  then  and
in  that  case  the  person  owning  or  occupying  the  lands
joining  said  road  shall  be  paid  for  building  and  main-
taining such  additional  fence  as  he  may  be  required  to
build  or  maintain  by  reason  of  the  laying  out  and
opening  said  road,  which  said  damages  shall  be  ascer-
tained and  determined  in  the  same  manner  that  other
damages  are  now  ascertained  and  determined  in  the
laying  highways  or  private  roads.     {Id.  §  16.)

Appeals.— KnA.  if  any  person  shall  consider  himself
aggrieved  by  the  said  decision  of  the  freeholders,
either  in  laying  out  or  closing  a  road,  he  may,  within
sixty  days  after  such  determination  shall  have  been
filed  in  the  office  of  the  town  clerk,  appeal  to  the
county  judge  of  the  county  in  the  same  manner  as
appeals  were  heretofore  allowed  to  be  made  to  those
judges  under  title  first,  article  fourth,  chapter  six-
teenth, part  first  of  the  Revised  States.  (Last  clause
of  section  5,  of  act  of  1853  as  amended  1860,  chap.  468. )

The  county  judge  having  acquired  jurisdiction  by  the
appeal,  becomes  vested  with  the  same  authority  to  dis-
pose of  such  appeal  in  the  manner  provided  in  refer-
ence to  public  roads,  which  includes  the  appointment
of  referees.  {West  v.  McGrurn,  43  Barb.  198.)  For
the  manner  of  proceeding  on  appeal,  see  heretofore
the  chapter  on  that  subject.
