NINTH ANNUAL YEAR BOOK— PART XV 955 
LAWFUL FENCE. 
AN ACT to repeal section twenty-three hundred and sixty-seven (2367) 
of the Code defiining a lawful fence and to enact a substitute 
therefor. 
Sec. 2367. Lawful feme dcliiied. A lawful fence shall consist of 
three rails of good substantial material, or three boards not less than 
six (6) inches wide and three-quarters (3) of an inch thick, such rails 
or boards to be fastened in or to good substantial posts, not more than 
ten (10) feet a.part where rails are used, and not more than eight (8) 
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 bottom rail, wire or board not more than twenty 
(20) nor less than sixteen (16) inches from the ground, the top rail, 
wire or board, to be between forty-eight (48) and fifty-four (54) inches 
in height, and the center rail, wire or board not less than twelve (12) 
nor more than eighteen (18) inches above the bottom rail, wire or 
board; or it shall consist of three (3) wires, barbed with not less than 
thirty-six (36) iron barbs or two (2) points each, or twenty-six (26) 
iron barbs of four (4) points each, on each rod of wire, or of four (4) 
wires, two (2) thus barbed and two (2) smooth, the wires to be firmly 
fastened to posts not more than two (2) rods apart, with not less than 
two (2) stays between posts, or with posts not more than one (1) rod 
apart, without such stays, the top wire to be not more than fifty-four 
(54) nor less than forty-eight (48) inches in height. Provided, how- 
ever, that all partition fences may be made tight by the party desiring 
it, and, when his portion is so completed, and securely fastened to 
good substantial posts, set firmly in the ground, not more than twenty 
(20) feet apart, the adjoining property owner shall construct his por- 
tion of the adjoining fence, in a like tight manner, same to be securely 
fastened to good substantial posts, set firmly in the ground not more 
than twenty (20) feet apart. All tight partition fences shall consist 
of not less than twenty-four (24) inches of substantial woven wire 
on the bottom, w^ith three (3) strands of barb wire with not less than 
thirty-six (36) barbs of two points to the rod on top, the top wire to 
be not less than forty-eight (48) inches, nor more than fifty-four (54) 
inches high, or not less than eighteen (18) inch substantial woven wire 
on the bottom with four (4) strands of barb wire of not less than 
thirty-six (36) barbs of two points to the rod, the top wire to be not 
less than forty-eight (48) inches nor more than fifty-four (54) inches 
high, or good substantial woven wire not less than forty-eight (48) 
inches nor more than fifty-four (54) inches high. In case adjoining 
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 condi- 
tion as shall restrain such sheep or swine. Upon the application of 
either owner, after notice given as prescribed in this chapter, the 
fence viewers shall determine all controversies arising under this 
section, including the partition fences made sheep and swine tight. 
[33 G. A.] 
