A person shall not be at liberty to join or use a wall as a party-wall without first paying to the owner thereof one-half (½) the value of so much as may be used; and if the parties cannot agree as to the value, either may apply to the mayor, police justice of the city, town or village, or to any justice of the peace of the county, in writing, for the appointment of suitable persons to assess the amount to be paid; and such mayor or police justice or justice of the peace shall thereupon appoint three (3) mechanics skilled in the description of work, who, or a majority of whom, shall examine the wall, and assess the amount to be paid to the owner thereof, and give a certificate of such examination and assessment to the party at whose instance they were appointed. The opposite party shall have five (5) days’ notice of the time of the meeting of the appraisers, and their names, which notice may be served as a summons is required by law to be served. On payment or tender of the amount assessed, the party desiring to use the wall may proceed to do so.
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