102 



STATE DEPARTMENT OF AGRICULTURE. 



Dimensions 

 of posts. 



Duty of 

 owners. 



Liability of 



adjoining 



owners. 



Disagree- 

 ment, viewers 

 to decide. 



Viewers to 

 Qle report. 



Second If it be worm fence, the rails should be well laid, 

 and at least five feet high. 



Third If made of posts and boards, the posts must be set 

 well in the ground, not less than eighteen inches, and not wider 

 apart than eight feet. If intended to turn all stock, it shall be 

 at least five six-inch boards or four eight-inch boards high, or 

 four boards high with a ditch embankment equal to one board, 

 or four six-inch boards high with a wire on top; the boards 

 to be six inches wide and one-inch thick, the top board or wire 

 to be four and One-half feet from the ground, the spaces well 

 divided, and the boards securely nailed to the posts. If 

 intended, as by mutual agreement in writing, a lawful fence 

 to turn only neat cattle, horses and mules, a three-board fence 

 shall be deemed sufficient, the bottom board to be two feet 

 from the ground. 



Fourth If made of pickets, posts and rails, or posts and 

 poles, and a ditch or ditches, the fence must be equally strong 

 and secure as a fence made as described in the last subdivision. 



Ftfti&~& ^made of wire, posts and poles, ditch, pickets, 

 hedge, brush', or, any other materials, the fence, to be lawful, 

 rjfiist/b; equial in. strength and capacity to turn stock as the 

 fence described "in the third subdivision of this section. (As 

 amended, Stats. 1877-8, p. 765.) 



SEC. 3. All posts used in such fences shall be at least 

 twelve inches in circumference, set at least eighteen inches in 

 the ground, and must be replaced when and as often as the 

 fence shall become decayed, 



SEC. 4. Each coterminous land owner shall construct and 

 keep in repair a just proportion of the line fence between 

 their respective tracts of land, unless the owner of one or both 

 of said tracts shall choose to allow his land to lie uninclosed. 



SEC. 5. When one of such adjoining proprietors shall have 

 allowed his land to lie uninclosed, and afterwards shall inclose 

 it he shall owe and be indebted to such adjoining owner one- 

 half the value of any division fence owned by the other, used 

 by him in forming such inclosure; and each shall thereafter 

 keep one-half of such fence in repair. 



SEC. 6. If adjoining proprietors can not agree as to the 

 proportion or the particular part of a division fence to be 

 made, maintained, or kept in repair by each respectively, either 

 party may apply, on five days' notice, to a justice of the peace 

 of the township, if there be one, if not, to the county judge, for 

 the appointment of three viewers, w r ho may examine witnesses 

 on oath, and view the premises, and must determine: 



First If the fence is owned by one proprietor, how much 

 the other shall pay as his proportion of the value. 



Second If the fence, or the whole thereof, is not built, 

 which part thereof shall afterwards be built and kept in repair 

 by each. The determination of the viewers shall be reduced 

 to writing and signed by them, and shall be filed in the office 



