ONE HUNDRED THOUSAND FACTS FOR THE PEOPLE. 473 



repairing may be recovered from delin- 

 quents. The law regulating division 

 fences is similar in most particulars to 

 those of the New England States and 

 Illinois. Overseers of highways perform 

 the duties of fence-viewers. 



Michigan. — Fences in Michigan 

 must be four and a half feet high, and in 

 good repair; consisting of rails, timber, 

 boards, or stone walls, or any combina- 

 tion of these materials. Rivers, brooks, 

 ponds, ditches, hedges, etc., deemed by 

 the fence-viewers equivalent to a ience, 

 are held to be legal inclosures. No dam- 

 ages for trespass are recoverable if the 

 fence is not ot the required height. Par- 

 tition fences must be equally maintained 

 as long as parties improve their lands. 

 When lands owned in severalty have 

 been < occupied in common, any occupants 

 may have lands divided. Fences extend- 

 ing into the water must be made in equal 

 shares, unless otherwise agreed by par- 

 ties interested. If any person determines 

 not to improve any portion of his lands 

 adjoining a partition fence, he must give 

 six months' notice to all the adjoining oc- 

 cupants, after which he will not be re- 

 quired to keep up any part of the fence. 

 Overseers of highways act as fence- 

 viewers. 



Minnesota. — In Minnesota four and 

 .a half feet is the legal height. Partition 

 fences are to be kept in good repair in 

 equal shares. In case of neglect, com- 

 plaint may be made by the aggrieved 

 party to the town supervisors, who will 

 proceed to examine the matter, and if 

 they determine that the fence is insuffi- 

 cient, notice will be given to delinquent 

 occupant of land ; and if he fails to build 

 or repair within a reasonable time, the 

 complainant may build or repair, and may 

 recover double the expense, with interest 

 at the rate of one per cent, per month, in 

 a civil action. No part of a division 

 fence can be removed if the owner or oc- 

 cupant of adjoining land will, within two 

 months, pay the appraised value. When 

 any uninclosed grounds are afterward in- 

 closed, the owner or occupant is required 

 to pay for one-half of each partition 

 fence ; the value thereof to be determined 

 by a majority of the town supervisors. 

 If a party to a division fence discontinues 

 the improvement of his land, and gives 

 six months' notice thereof to the occu- 



pants of adjoining lands, he is not re- 

 quired to keep up any part of such fence 

 during the time his lands are unimproved, 

 and he may remove his portion if the ad- 

 joining owner or occupant will not pay 

 therefor. County commissioners are the 

 fence- viewers in counties not divided into 

 towns. 



Iowa. — A legal fence in Iowa is four 

 and half feet high, constructed of strong 

 materials, put up in a good, substantial 

 manner. In all counties where, by a vote 

 of the legal voters, or by an act of the 

 general assembly, it is determined that 

 hogs and sheep shall not run at large, a 

 fence made of" three rails of good, sub- 

 stantial material, or three boards not less 

 than six inches wide and three-fourths of 

 an inch thick, such rails or boards to be 

 fastened in or to good, substantial posts, 

 not more than ten feet apart where rails 

 are used; or any other fence which, in 

 the opinion of the fence viewers, shall be 

 equivalent thereto, is deemed a lawful 

 fence, provided that the lowest or bottom 

 rail shall not be more than twenty nor 

 less than sixteen inches from the ground, 

 and that the fence shall be fifty-four 

 inches in height. The respective owners 

 of enclosed lands must keep up fences \ 

 equally as long as they improve. In 

 case of neglect to repair or rebuild, the 

 adjoining owner may do so ; and the 

 work being adjudged sufficient by the 

 fence-viewers, and the value determined, 

 the complainant may recover the amount, 

 with interest at the rate of one per cent, 

 per month. If an owner desires to throw 

 his field open, he shall give the adjoin- 

 ing parties six months' notice, or such 

 shorter notice as may be directed by the 

 fence-viewers. 



Kansas and Nebraska. — In Kansas 

 and Nebraska fences may be of posts and 

 rails, posts and palings, or posts and 

 planks, at least four and a half feet high ; 

 of turf, four feet, and staked and ridered, 

 with a ditch on either side at least three 

 feet wide at top and three feet deep ; a 

 worm fence must be at least four and a 

 half feet high to top of rider, or if not 

 ridered, four and a half feet to top rail, 

 the corners to be locked with strong 

 rails, posts, or stakes. The bottom rail, 

 board or plank in any fence must not 

 be more than two feet from the ground 

 in any township, and in those town 



