70 LAWS RELATING TO AGRiCL'LTURL. 



either party fail to comply with the assignment, the trustees may, upon\ 

 the application of the aggrieved party, sell the contract to the lowest 

 responsible bidder to furnish the labor and material and build such 

 fence according to specifications to be prepared by the trustees after- 

 advertising the same for a period of ten days, by setting up posters in, 

 three public places in the township. As soon as he work shall be com- 

 pleted in conformity with the sale, and to the satisfaction of the trustees,, 

 they shall immediately certify to the auditor of the county the amount 

 such fence sold for, adding the proportionate amount of cost and ex- 

 penses of such sale, and of all former proceedings of the trustees and 

 clerk, together with a correct description of each piece of land upon; 

 which the same is assessed, and the auditor shall place the same on the- 

 duplicate to be collected as other state and county taxes are collected,, 

 and the trustees shall at the same time certify the amount due each person, 

 for building 1 such fence, and also the amount due each trustee and clerk 

 for their services rendered in such proceedings, and the auditor shall 

 draw orders for the payment of such amounts out of the county treas- 

 ury ; but any person interested may pay his share of the purchase money 

 and proportionate amount of costs and expenses aforesaid to the town- 

 ship clerk at any time before the same are charged on the tax duplicate,, 

 to be distributed by the clerk among the parties to which it belongs. 



SEC. 4244. [When and how reassignment may be had.] At any 



time after the expiration of one year from the date of such assignment, 

 any party interested in such partition fence who considers himself 

 aggrieved by the proceedings of the trustees in making the assignment,, 

 may apply to the trustees for a re-examination and re-assignment ; and 

 the same notice shall be given and proceedings had as provided for in 

 section forty-two hundred and forty-two and such re-a,ssignment shall 

 be recorded, and copies thereof made and served, and it shall have the- 

 same binding force, operation, and effect as the assignment in the said 

 section provided for. 



SEC. 4245. [Jurisdiction of trustees where partition fence oni 

 township line.] When a partition fence in controversy is on a town- 

 ship or county line, the trustees of the adjacent townships shall have- 

 concurrent jurisdiction and the trustees of either of such townships mav 

 be called to perform the duties in this chapter imposed in regard to 

 partition fences ; and either party may, if he think proper, call also the 

 trustees of the other township, in which case they shall act jointly, but 

 the record shall be made in both townships. 



SEC. 4246. [Where suit to be brought relating to fence on town- 

 ship or county line.] If a partition fence, or an indosure, or any 

 part thereof, is on the line of a township, or on the line of or in two 

 or more townships of the same or different counties, all suits prosecuted 

 under the provisions of this chapter may be brought before a justice of 

 the peace in the township in which the .defendant resides, or if there 

 be no justice residing therein or he is interested in the event of the 

 suit, or stands in the relation of father, father-in-law, son, son-in-law., 

 brother, brother-in-law, guardian, ward, uncle, nephew, or cousin to 

 either of the parties, the action may be brought in either of such town- 

 ships; and in such case, the justice before whom such action is brought 

 shall issue process against the defendant, directed to any constable of 

 the township in which such justice resides, which process the constable- 

 shall be authorized to serve and return, and the defendant shall be com- 



