Due notice of the hearing by the fence-viewers, required by Gen. Laws, c. 43, s. 2, to be fourteen days before the day appointed, was not given to the defendant. He did not appear at the hearing, and want of legal notice was not waived by him, nor cured by any act of his. The fence-viewers acquired no jurisdiction of the defendant, and their proceedings did not bind him, and furnished no foundation for the suit.

Exceptions overruled.

SMITE, J., did not sit: the others concurred.