FARMERS' INSTITUTES. 1(>9 



demand, either of the occupant of the land or owner, where the fence 

 was deficient the amount so ascertained. If he does not pay it by the 

 first day of October after the demand is made, the same becomes a lien 

 on the land and is returned to the assessor and collected as other taxes 

 are. 



The other question which may present itself to the land owner is 

 that not only an insufficient fence exists but no division of the line 

 has ever been made. In this case the line may be divided by agreement 

 in which case the agreement should be in writing, signed by the par- 

 ties and filed with the town clerk. If they can not agree, the fence 

 viewers in this case determine first the particular portion of the line 

 to be fenced by each occupant and if the fence is insufficient, they 

 settle that part as I have before stated. If in this case they find either 

 of the occupants had before any complaint was made, voluntarily 

 erected the whole fence or more than his just share of the same, the 

 other occupant shall pay for so much as may be assigned to him to 

 repair or maintain of this fence. The fence viewers may determine 

 the value of this part. 



When one party shall cease to improve his land or shall open his 

 enclosure, he shall not take away any portion of the partition fence 

 belonging to him and adjoining the next enclosure if the owner or 

 occupant of such adjoining enclosure, will pay what two or more fence 

 viewers determine to be the value of this portion of the fence, the 

 payment to be made within two months; or, vice versa, if unenclosed 

 land be afterwards enclosed when one has built the whole of the fence 

 then the other one must pay the value of one4ialf the fence as deter- 

 mined by the fence viewers and if the payment in this case is not made 

 within 30 days after demand then it may be collected in the general 

 taxes as mentioned before. 



When any person makes up his mind not to improve any part of his 

 land adjoining a partition fence that may have been legally divided 

 he must give six months' notice of his determination to all the ad- 

 joining occupants of land and after the end of this six months he is 

 not required to keep up any portion of the fence as long as the land 

 lies open and unimproved. 



TRESPASS OF ANIMALS. 



Closely connected with the matter of partitioii fences is the ques- 

 tion of trespasses committed by animals. The laws provide that 

 when any person is injured in his lands by sheep, swine, horses, asses, 

 mules, goats or neat cattle, he may recover his damages in an action 

 of trespass, or trespass upon the case against the owner of the beasts 

 or against the person having the care or control of the beasts, or 

 by destraining the beasts doing the damage. But if the beasts shall 

 have been lawfully on the adjoining lands and shall have escaped there- 

 from in consequence of the neglect of the person who has suffered 

 the damage to maintain his part of the division fence, the owner or 

 person having control of the beasts shall not be liable for damage. 



Probably nothing is better understood than the fact that animals 

 doing damage may be impounded by the person suffering the damage. 

 If there is a public pound in the township, the animals should be 



