LAWS RELATING TO ANIMAL INDUSTRY. 103 



of the county clerk, and such determination shall be conclu- 

 sive upon the parties. If any part of such determination shall 

 consist in fixing the value of a fence, for which one party is to 

 pay the other a proportion also fixed, such proportion shall be 

 paid within thirty days after notice of such determination, 

 and if not FO paid may be recovered by action in any court of 

 competent jurisdiction. The viewers shall be entitled to a Fe es of 

 fee of three dollars each, one-half to be paid by each proprietor, "ewers. 



SEC. 7. Nothing in this act shall be held to repeal or affect 

 subdivision fourteen of section eight hundred one of the Civil 

 Code, nor sections eight hundred forty and eight hundred 

 forty-one of said code, but this act shall be deemed cumulative. 



SEC. 8. This act shall be in force from and after its 

 passage. 



NOTE. Special acts concerning lawful and division fences relating to 

 counties not included in the act of 1875 were passed as follows: 



El Dorado (lawful fences), Stats. 1869-70, p. 584. 



Modoc (lawful and division fences), Stats. 1873-4, p. 362; amended, 

 Stats. 1875-6, p. 71. 



Colusa and Tehama (partition fences), Stats. 1875-6, p. 207. 



San Mateo (partition fences), Stats. 1875-6, p. 173. 



Sonoma (partition fences on line of adjoining county), Stats. 1877-8, 

 p. 692. 



MAINTENANCE OF DIVISION FENCES. 

 Civil Code. 



801. The following land burdens or servitudes upon land, 

 may be attached to other land as incidents or appurtenances, 



and are then called easements : 



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14. The right of having the whole of a division fence 

 maintained by a coterminous owner: * *. 



840. The owner of a life estate must keep the buildings 

 and fences in repair from ordinary waste. * *. 



841. Coterminous owners are mutually bound equally to 

 maintain : 



1. The boundaries and monuments between them; 



2. The fences between them, unless one of them chooses to 

 let his land lie without fencing; in which case, if he afterwards 

 incloses it, he must refund to the other a just proportion of 

 the value, at the time, of any division fence made by the 

 latter.* 



LEAVING GATE OPEN. 

 Penal Code. 



602. Every person who willfully commits any trespass by 



either : 



******* 



8. Willfully opening, tearing down, or otherwise destroying Leaving 

 any fence on the inclosed land of another, or opening any gate, ga 

 bar, or fence of another and willfully leaving it open without 

 the permission of the owner, or maliciously tearing down, 



*See note to act of 1855 concerning lawful fences, page 96 hereof. 



