CHAPTER IY. 



FENCE LAWS. 



389. OUR civil law in relation to fences, which appears to be 

 founded on principles of strictest equity, provides, that where land 

 is enclosed, and lies contiguous, and possessed by two different 

 owners, each one must build and maintain a good lawful fence on 

 one half the distance of the entire line between their land. 

 According to law, A may not build his half of the line fence 

 exactly on the line / neither may B. But each must erect his 

 fence on his own land, as near to the line as he desires. But 

 neighbors usually erect their line fences exactly on the line ; while 

 waspish owners place them as they choose. 



390. If A refuses to build or to maintain one equal half of a 

 line fence between his land and the land owned by B, by giving 

 A thirty days' legal notice that he must build or repair his line 

 fence, and A neglects so to do, B may build or repair such fence, 

 and collect of A the expense of building the same as for any other 

 indebtedness. 



391. If A has land not enclosed, or "open to the commons," 

 which lies contiguous to the land of B, if B desires to have his 

 land enclosed, he must build all the fence between them. But 

 after B has enclosed his land, if A should then enclose his, he 

 cannot hold one half of the line fence. He must allow B to 

 remove one-half of the fence ; and he (A) must build a fence in 

 the room of it ; or he may purchase one-half of it. If he refuses 

 to do either, B, the owner of the fence, may prosecute A and 

 recover pay for half of the line fence. 



392. B may not, in a fit of resentment or frenzy, remove his 



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