68 LAWS RELATING TO AGRICULTURE. 



shall keep up and maintain in good repair all partition fences between 

 their own and the next adjoining inclosures, in equal shares, so long as 

 both parties continue to occupy or improve the same. But no willow 

 fence, or any other live fence except that known as the Osage orange 

 or blackthorn hedge, shall be permitted on such partition except by 

 mutual consent or agreement of the owners of the adjoining lands ; and 

 the refusal or neglect of either party to such partition fence to comply 

 with this provision shall subject such defaulting party to the provisions 

 and penalties named in sections 4242 and 4243 of the Revised Statues. 



(4240-1) SEC. i. [Requiring the cutting of briers, thistles, etc., 

 along partition fences.] It shall be the duty of owners of land, adja- 

 cent to any line or partion fence, when the enclosure, of two or more 

 persons, is divided by such fence, and when the land is improved on 

 both sides of the same, to keep all brush, briers, thistles, or other 

 noxious weeds, cut in the fence corners, or along the line of partition 

 fences, provided, however, that nothing in this section shall be construed 

 to affect the planting of vines or trees for use. 



(4240-2) SEC. 2. [Notice to land owner failing to cut noxious 

 weeds, and duties of township trustees in the premises.] If the owner 

 or tenant, occupying the same, neglects or refuses to cut or have cut, 

 such brush, briers, thistles or other noxious weeds, as provided in the 

 foregoing section, then any owner or occupant of land abutting on such 

 line or partition fence, who may feel aggrieved thereby, may, after having 

 given the owner or tenant occupying such land notice of his intentions, 

 of not less than thirty days (and if such brush, briers, thistles, or other 

 noxious weeds are not cut or removed at the expiration of said thirty 

 days), notify the trustees of the township in which such land is situated, 

 whose duty it shall be to at once repair upon the premises, when, if they 

 become satisfied there is just cause of complaint, they shall proceed 

 to cause such brush, briers, thistles, or other noxious weeds to be cut, 

 in such manner as they may consider best, either by letting the work to 

 the lowest bidder, or by entering into a private contract to have the same 

 performed. 



(4240-3) SEC. 3. [Cost of work; how collected and paid.] As 

 soon as the work shall be completed to the satisfaction of the trustees, 

 they shall certify to the auditor of the county, the amount of the cost 

 of such labor, together with the expense thereto attached, with a cor- 

 rect description of the land upon which said labor has been performed, 

 and the auditor shall place the same upon the duplicate, to be col- 

 lected the same as other taxes are collected, and the county treasurer 

 shall pay the amount when collected, to the township treasurer as other 

 funds, specifying the same. 



(4240-4) SEC. 4. [Anticipating such cost] The township 

 trustees may anticipate the collection and refunding the cost of said labor 

 to the township treasurer, and at the time said labor is performed draw 

 their order upon such treasurer for the amount, payable out of any town- 

 ship funds that may be in his hands. 



(4240-5) SEC. 5. [Trustees' fees.] The township trustees shall 

 be entitled to one dollar per day for their services under this act. 



SEC. 4^41, [When p^rty e ' titl d to remove his share of parti- 

 tion fence.] "When the enclosure of -vo or more p jrsoK.i are divided 



