LAWS RELATING TO AGRICULTURE. /I 



pelled to answer thereto, and such other proceedings shall be had therein 

 as if the defendant resided in the township where the action was com- 

 menced. 



SEC. 4247. [Where suit to be brought when fence wholly within 

 township.] When the fence or inclosure is situate wholly within one 

 township, all suits brought under this chapter before a justice _of the 

 peace shall be brought in the township in which the defendant resides, 

 unless the case comes within one of the exceptions specified in the next 

 preceding section, in which case suit may be brought in any adjoining 

 township of the same county, and process shall be issued, served, and 

 returned, and further proceedings had thereon, as provided for in said 

 section. 



SEC. 4248. [Remedies provided not cumulative.] If a person, 

 commence proceedings under this chapter to obtain redress, as herein 

 provided, and prosecute the same to final judgment, he shall be barred 

 of his action at common law for the same injury ; and if he sue at common 

 law, and prosecute such suit to final judgment, he shall, in like manner, 

 be barred of his remedy for the same injury under this chapter. 



SEC. 4249. [Penalty against trustee for neglect.] A trustee who 

 refuses or neglects to perform any duty imposed on him by law, may 

 be fined in any sum not less than five nor more than fifty dollars, to 

 be recovered by civil action, in the name of the state ; and the amount 

 recovered shall be paid into the township treasury for township purposes. 



SEC. 4250. [How damage by trespassing animals, on account 

 of failure to repair partition fence, recovered.] If a horse, mule, or 

 ass, or any neat cattle, hog, sheep or goat injure or trespass upon the 

 land or inclosure of any person bounded by a partition fence, in con- 

 sequence of the failure or neglect of the other party to keep up and 

 maintain in good repair his part or share of such partition fence, the 

 person so failing or neglecting shall forfeit and pay to the person in- 

 jured the amount of all damages sustained thereby, which shall be as- 

 sessed under oath, by three judicious, disinterested men, residents of 

 the county, to be appointed by a justice of the peace of the township 

 in which the premises are situate ; and if the same are not paid after 

 demand therefor, the amount thereof may be recovered in an action 

 before any court having competent jurisdiction, with costs of suits ; and- 

 in all suits commenced under the provisions of this section, such assess- 

 ment, reduced to writing, and subscribed by the persons making the 

 same, shall be received as prima facie evidence of the real amount of 

 damages sustained by the party aggrieved, reserving to the court before 

 which the cause is tried the power of setting the same aside for irregu- 

 larity, or other good cause, and the animal or animals so trespassing 

 shall not be exempt from execution issued on a judgment rendered in 

 any court, or before any officer having jurisdiction, for damages occa- 

 sioned by such trespass. 



SEC. 4251. [Liability of owner of trespassing animal for dam- 

 ages.] If any horse, mule, ass, neat cattle, hog, sheep, or goat, run- 

 ning at large, break into or enter any inclosure, other than Enclosures 

 of railroads, the owner of any such animal shall be liable to the o\vm-r 

 or occupant of such inclosure for all damages occasioned thereby : and 

 the animal so breaking into or entering any inclosure shall not be ex- 

 empted from execution issued on a judgment rendered in any court. 



