100 



STATE DEPARTMENT OF AGRICULTURE. 



Partition 

 fences. 



May collect 

 cost. 



On the line. 



In repair. 



ages sustained by such trespass, and if the trespass be repeated, 

 by neglect of the owner, or manager, of such animals, he shall, 

 for the second and every subsequent trespass, be subject to 

 double the damages of such trespass, to the owner of said 

 premises; provided, also, that the owner of any premises, 

 inclosed by a lawful fence, may take up, and safely keep, at 

 the expense of the owner thereof, any such animal, or animals, 

 trespassing thereon, and if such animal, or animals, shall not 

 be applied for, by the owner thereof, and such damages be 

 paid, within ten days after such taking-up, the same may be 

 posted and disposed of, under the estray law of the state ; and, 

 before restitution shall be had by the owner of such animal, 

 or animals, in any case, all damages done by them, and all 

 expenses of pasturing, keeping, and disposing of them, shall be 

 paid. 



SEC. 3. When a fence shall have been erected by any 

 person, on the line of his land, or that for which he may have 

 a lease for one year, or more, and the person owning the land 

 adjoining thereto, or holding a lease of the same for one or 

 more years, shall make, or cause to be made, an inclosure on 

 the opposite side of such fence, so that such fence may answer 

 the purpose of inclosing his ground also, such person shall pay 

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

 of so much thereof as serves as a partition fence between them. 



SEC. 4. When two or more persons own land adjoining, 

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

 protection of the right and interest of one party, that a parti- 

 tion fence should be made between them, the other, or others, 

 when notified of the fact, shall proceed to erect, or cause to be 

 erected, one-half of such partition fence, such fence to be 

 erected on (or as near as possible) the division line of such 

 land; and if, after notice is given by either party, and a reason- 

 able time has elapsed, and the other party persist in refusing 

 to erect one-half of such fence, the party giving such notice 

 may proceed to erect the entire partition fence, and collect, 

 by law, the proportional share of the cost of such fence, from 

 the party, or parties, so refusing to build his or their respec- 

 tive portions thereof. 



SEC. 5. All partition fences, separating adjoining inclo- 

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

 when erecting a partition fence, and refusing to place it 

 on the line dividing such lands, or remove it to such line, when 

 erected otherwise than thereon, shall subject himself to one- 

 half the cost of the removal, and erection thereof in the right 

 place. 



SEC. 6. The respective owners, or lessees, of lands which 

 now are, or hereafter may be; inclosed with fences, and their 

 successors in interest therein, shall keep up, and maintain, in 

 good repair and condition, all partition fencas, between their 

 own and the next adjoining inclosures, in equal shares. 



