168 STATE BOARD OF AGRICULTURE. 



say here is, you must take advantage of this remedy by beginning your 

 proceedings within ten days after the drain commissioner tiles liis final 

 order of determination with the county clerk which he should do within 

 five days after he gets the right of way for the drain. 



The drain taxes are collected the same as any other taxes and if 

 the assessment is defective in any essential the favorite remedy is to 

 pay under protest. The protest should be in writing and specify par- 

 ticularly the ground for claiming the tax to be illegal. Suit must 

 be brought to recover the amount within 30 days. Here again your 

 attorney must manage your case. 



In concluding this subject let me say, Don't have anything to do 

 with asking for a drain unless you want it and expect to pay whatever 

 comes against you. And if your neighbors force the drain upon you and 

 you wish to fight be diligent and take advantage of every step. If 

 you can break the first petition jou have broken the drain. If you 

 can convince the jury called in condemnation proceedings that no 

 public necessity exists you have defeated the drain. But if you fail 

 on these two points and your objection is to some later proceedings, 

 the law requires whatever tribunal you bring your case before to reverse 

 all proceedings subsequent to the error you point out and direct the 

 commissioner to commence at his mistake and do it over again and pre- 

 sent you his bill when he has finally succeeded in getting things right. 



PARTITION FENCES. 



All fences 4% feet high and in good repair, consisting of rails, tim- 

 ber, boards or stone walls or any combination thereof; and all brooks, 

 rivers, ponds, creeks, ditches or hedges and other things which shall be 

 considered equivalent thereto, in the judgment of the fence viewers within 

 whose jurisdiction the same shall be, shall be deemed legal and suffi- 

 cient fences. The respective occupants of lands enclosed with fences 

 shall keep up and maintain partition fences between their own and 

 the next adjoining enclosure in equal shares, so long as both parties 

 continue to improve the same. You will notice that tAvo tilings are nec- 

 essary in order for you to compel your neighbor to build a share of the 

 line fence. First, that the adjoining parcels be enclosed and, second, 

 that both parties continue to improve their land. 



Two different questions may present themselves to the man who ex- 

 amines the line fence between himself and his neighbor. The line 

 may be divided between them and the question then presents itself 

 whether the partition fence is properly constructed or not. If that be 

 the question and one party neglects to repair or rebuild the fence which 

 of right he ought to maintain, the aggrieved party may complain to two 

 or more fence viewers of the township, who, after due notice to each 

 party, shall proceed to examine the fence. If they find the fence in- 

 sufficient they give the delinquent written notice and direct him to 

 repair or rebuild the same within such time as they deem reasonable 

 and if the delinquent does not do as directed, then the complainant 

 may repair or rebuild the fence. When he has built the fence for his 

 neighbor and the fence viewers find it sufficient they determine the 

 value of such repair and building and their own costs and make a 

 certificate for this amount and the complainant shall have a right to 



