LAWS RELATING TO AGRICULTURE. 69 



by a partition fence of any kind, and either of the parties thinks proper 

 to vacate his part of such inclosure, or to make a lane or passage between 

 such adjoining inclosures, such person may remove his share or part of 

 such partition fence, on giving six months' notice in writing of such 

 intention, to the party owning or occupying the adjoining inclosure, 

 or to his agent if such party is not a resident of the county | provided, 

 that the foregoing provisions of this section shall not be applicable to 

 owners of narrow strips of land not more than two rods in width, be- 

 tween adjoining farms of other persons while used and occupied by 

 such owners for the purposes of farm outlets, to and from public high- 

 ways ; in such cases the owners thereof unless otherwise provided for shall 

 keep and maintain in good repair, one-half of such partition fence, on 

 either side of such farm outlet, or private right of way. 



SEC. 4242. [Duty and power of township trustees in respect to 

 controversies about partition fences; assignment of fence to be con- 

 structed or kept in repair by each party; how made.] When any 

 controversy arises about the rights of owners of adjoining lands, both 

 of which are enclosed, in relation to building or maintaining partition 

 fences, and their obligation to build and maintain the same in good 

 repair, either party may apply to the trustees of the township in which 

 such premises or fence are situate, who, on application, shall, after not 

 less than ten days written notice to all parties interested in the title or 

 possession of the premises, or the construction or repair of the fence, 

 proceed to view the fence or premises, where the fence is to be built, 

 and assign, in writing, to each party his equal share thereof, to be 

 by him constructed or kept in repair so as to be in all respects a good 

 and substantial fence ; the assignment shall also specify the time within 

 which such fence and each of its parts shall be constructed or repaired ; 

 and shall be binding upon the parties and all succeeding occupants of 

 the premises for one year thereafter, and until a new assignment is made. 

 Provided, however, that if the owner is a non-resident of the county, then 

 the notices provided for in this section and section four thousand tzvo 

 hundred and forty-three, may be served on his authorized agent or the 

 person occupying the premises, and at the same time they shall mail 

 a notice to the owner if his post-office address is known. 



SEC. 42420. [Partition fence where division line in stream.] 

 Where the division line of adjacent land owners is in a stream of water 

 along which division line it is impractical to construct and maintain a 

 partition fence, and where such partition fence is necessary to prevent 

 domestic animals of one of said land owners from trespassing upon the 

 land of the other, and where the trustees of any township have heretofore 

 or may hereafter assign to each of said land owners his part or share 

 of such fence to be constructed and kept in repair, as provided by section 

 4242 of the Revised Statutes, the part so assigned to each land owner 

 shall be built and maintained upon his own premises along the bank of 

 said stream, and the parts of the fence so assigned shall be joined together 

 by each land owner constructing a fence or water gate from the end of 

 said fence so assigned to him nearest to the end so assigned the other 

 land owner to the division line in said stream of water ; and for the pur- 

 pose of determining the liabilitv of one of said landowners by reason 

 of the trespass of domestic animals upon the lands of the other, such 

 fence shall be considered and held to be a partition fence. 



SEC. 4243. [Building of partition fence and collection and pay- 

 ment of cost when either party fails to comply with assignment.] If 



