654 IOWA DEPARTMENT OF AGRICULTURE. 



FE^CE OS ANOTHER'S LAND. 



Sec. 2364. When a person has made a feuce or other improvement on an 

 inclosure, which is found to be on land of another, such person may enter upon 

 the land of the other and remove his fence or other improvement and material, upon 

 his first paying, or offering to pay, the other party for any damage to the soil 

 which may be occasioned thereby, and the value of an timber used in said improve- 

 ment taken from the land of such other party, if any ; and if the parties can not 

 agree as to the damages, the fence viewers may determine them as in other cases ; 

 such removal shall be made as soon as practicable, but not so as to expose the 

 ci'ops of the other party. 



LLNE FENCES. 



Sec. 2365. A person building a fence may lay the same upon the line be- 

 tween him and the adacent owners, so that it may be partly on one side and partly 

 on the other, and the owner shall have the same right to remove it as if it were 

 wliolly on his own land. 



FENCE ON ONE SIDE OF LINE. 



Sec. 2366. The provisions concerning partition fences shall apply to a fence 

 standing wholly upon one side of the division line. 



LAWFUL FENCE DEFINED. 



Sec. 2367. A lawful fence shall consist of three rails of good substantial 

 material, or three boards not less than six inches wide and three-quarters of an 

 inch thick, such rails or boards to be fastened in or to good substantial posts, not 

 more than ten feet apart where rails are used, and not more than eight feet apart 

 where boards are used, or wire either wholly or in part, substantially built and 

 kept in good repair, or any other kind of fence, which, in the opinion of the fence 

 viewers, shall be equivalent thereto, the lowest or bottom rail, wire or board not 

 more than twenty nor less than sixteen inches from the ground, the top rail, wire 

 or board to be between forty-eight and forty-four inches in height, and the center 

 rail, wire or board not less than twelve inches nor more than eighteen inches above 

 the bottom rail, wire or board ; or it shall consist of three wires, barbed with not 

 less than thirty-six iron barbs of two points each, or twenty-six iron barbs of four 

 points each, on each rod of wire, or of four wires, two thus barbed and two smooth, 

 the wires to be tirmly fastened to posts not more than two rods apart, with not 

 less than two stays between posts, or with posts not more than one rod apart, 

 without such stays, the top wire to be not more than fifty-four nor less than forty- 

 eight inches in height. All partition fences may be made tight by the party de- 

 siring it, and, at his election, the added material may be removed. In case ad- 

 joining owners or occupants of land shall use the same for pasturing sheep or 

 swine, each shall keep his share of the partition fence in such condition as shall 

 lesirain such sheep or swine. Upon the application of eithnr owner, after notice 

 given as prescribed in this chapter, the fence viewers shall determinate all contro- 

 versies arising under this section, including the use of partition fences made hog 

 and sheep tight 



\yHERE STOCK RESTRAINED. 



Sec. 2368. This chapter shall be construed the same in counties where stock 

 is restrained from running at large as where not so restrained. 



APPEAL. 



Sec. 2369. An appeal may be taken to the district court from any order or 

 decision of the fence viewers by any person affected, in the same manner appeals 

 are taken from justices of the peace, except that the appeal bond shall be ap- 

 proved by the township clerk, in which event the township clerk, after recording 



