98 



STATE DEPARTMENT OF AGRICULTURE. 



Parties to 

 maintain 

 fence. 



Damages. 



Fences to be 

 on line. 



purpose of inclosing his ground also, such person shall pay 

 the owner of such fence already erected, one half the value of 

 so much thereof as serves as a partition fence between them; 

 provided, if the party so inclosing shall neglect or refuse to 

 pay for the one-half of such fence, the land so inclosed shall 

 become liable therefor, and the value of the one-half of such 

 fence shall become and remain a lien upon such land, and 

 shall draw interest at the rate of fifteen per cent per annum 

 until paid. Notice of such lien shall be filed in the office of the 

 county recorder of the county, as provided by law for 

 mechanics' liens. The value of the fence at the time such 

 inclosure was made, shall be the amount, with interest thereon, 

 to which the builder of the fence shall be entitled. (As 

 amended, Stats. 1860, p. 141.) 



SEC. 6. When two or more persons own land adjoining 

 which is inclosed by one fence, and it becomes necessary for 

 the protection of the rights and interests of one party, that a 

 partition fence should be made between them, the other or 

 others, when notified of such fact, shall proceed to erect or 

 cause to be erected, one-half of such partition fence ; said fence 

 to be erected en, or as near as practicable, the line of said 

 land ; and if, after six months ' notice given, either party shall 

 persist in refusing to erect, or cause to be erected, one-half of 

 such fence, the party giving the notice may proceed to erect 

 or cause to be erected, the entire partition fence, and collect 

 by law one-half of the cost of such fence from the other party, 

 and he shall be entitled to the lien upon the land thus parti- 

 tioned, as provided in the preceding section. (As amended, 

 Stats. 1860, p. 142.) 



NOTE. The following three sections supplementing section six were 

 added by the amendment of i860: - 



SEC. 3. Except when otherwise agreed, partition fences 

 dividing lands occupied on both sides shall be maintained 

 throughout the year, each party keeping in repair the portion 

 constructed by, adjudged to, or paid for by him. If either 

 party fails so to do, the other may give him three days' notice 

 that he will call upon three disinterested householders, at a 

 specified hour on the day fixed, to examine such fence and, if 

 they deem it insufficient, to assess the amount necessary to make 

 it sufficient. (Added, Stats. 1860, p. 142.) 



SEC. 4. If, within fifteen (Jays thereafter, the party to 

 whom notice has been given shall fail to repair such fence, the 

 complainant may do so; and in that case he shall have cause 

 of action against the other for the amount so assessed, with 

 twenty-five per cent damages thereon. (Added, Stats. 1860, 

 p. 142.) 



SEC. 5. Upon such trial, the defendant may impeach the 

 assessment, and in that case the court or jury, as the case may 

 be, shall determine the amount of damages. (Added, Stats. 

 1860, p. 142.)- 



SEC. 7. All partition fences separating adjoining enclosures, 

 shall stand upon the line, and any person or persons when 



