474 



LAW— EVERY MAN HIS OWN LAWYER. 



ships where hogs are not prohibited from 

 running at large it must not be more 

 than six inches from the ground. All 

 such fences must be substantially built 

 and sufficiently close to prevent stock 

 from going through. Stone fences are 

 required to be four feet high, eighteen 

 inches wide at the bottom, and twelve at 

 top. All hedges must be of sufficient 

 height and thickness to protect the field 

 or enclosure. A wire fence must con- 

 sist of posts of ordinary size for fencing 

 purposes, set in the ground at least two 

 feet deep, and not more than twelve feet 

 apart, with holes through posts, or sta- 

 ples on the side, not more than fifteen 

 inches apart, and four separate lines of 

 fence wire, not smaller than. No. 9, to be 

 provided with rollers and levers at suita- 

 ble distances, to strain and hold the wires 

 straight and firm. Owners of adjoining 

 lands must maintain fences equally. In 

 case ot neglect of one party to build or 

 repair, another party may do so and re- 

 cover the amount expended, with interest 

 at the rate of one per cent, per month. 

 A person not improving his land is not 

 required to keep up any portion of a di- 

 vision fence. The trustee, clerk, and 

 treasurer of each township act as fence- 

 viewers, to adjust all disputes concerning 

 fences. A legal fence in Nebraska is de- 

 scribed as any structure, or hedge, or 

 ditch in the nature of a fence, used for 

 the purposes of enclosure, which is such 

 as good husbandmen generally keep. 

 Division fences must be equally main- 

 tained. A party may remove his portion 

 of a division fence by giving sixty days' 

 notice. If removed without such notice 

 the party so doing is liable lor full dam- 

 ages. Where a fence is injured or de- 

 stroyed by fire or flood it must be repair- 

 ed within ten days after notice by inter- 

 ested persons. Justices of the peace are 

 ex officio fence-viewers. 



California. — Legal fences in Califor- 

 nia are described with great particular- 

 ity. Wire fences must consist of posts 

 not less than twelve inches in circumfer- 

 ence, set in the ground not less than 

 eighteen inches, and not less than eight 

 feet apart, with not less than three hori- 

 zontal wires, each one-fourth of an inch 

 in diameter, the first to be eighteen inches 

 from the ground, the other two above at 

 intervals of one foot, all well stretched 



and securely fastened from post to post, 

 with one rail, slat, pole, or plank, of suita- 

 ble size and strength, securely fastened 

 to the post, not less than four and a half 

 feet from the ground. Post and rail 

 fence must be made with posts of the 

 same size and at the same distances apart 

 and the same depth in the ground as. 

 above required, with three rails, slats, or 

 planks of suitable size and strength, the 

 top one to be four and a half feet from 

 the ground, the other two at equal dis- 

 tances between the first and the ground, 

 all securely fastened to the post. Picket 

 fences must be of the same height as 

 above, made of pickets not less than six 

 inches in circumference, placed not more 

 than six inches apart, driven in the 

 ground not less than ten inches, all well 

 secured at the top by slats or caps. 

 Ditch and pole fence : the ditch must not 

 be less than four feet wide on the top and 

 three feet deep, with embankment thrown 

 on inside of ditch, with substantial posts 

 set in the embankment not more than 

 eight feet apart, and a plank, pole, rail, or 

 slat securely fastened to posts at least five 

 feet high from the bottom of the ditch. 

 Pole fence must be four and a half feet 

 high, with stakes not less than three 

 inches in diameter, set in the ground not 

 less than eighteen inches, and when the 

 stakes are placed seven feet apart there 

 must not be less than six horizontal poles 

 well secured to the stakes; if the stakes 

 are six feet apart, five poles; if three or 

 four feet, four poles ; if two feet apart 

 three poles, and the stakes need not be 

 less than two inches in diameter; if one 

 foot apart, one pole, and the stakes need 

 not be more than two inches in diameter. 

 The above is a lawful fence so long as the 

 stakes and poles are securely fastened and 

 in a fair state of preservation. Hedge 

 fence is considered lawful when by relia- 

 ble evidence it shall be proved equal in 

 strength and as well suited to the protec- 

 tion of inclosed lands as the other fences 

 described. Brush fence must be four and 

 a half feet high and at least twelve inches 

 wide, with stakes not less than two inches 

 in diameter, set in the ground not less 

 than eighteen inches, and on each side, 

 every eight feet, tied together at the top,, 

 with horizontal pole tied to the outside 

 stake five feet from the ground. In the 

 case of partition fences, if one party re- 



