Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1859-05-27
March e5rlSj9.
No 81 AN Act.
rrovid ng for Enclosing Railrna $ by Fenccs and. Cattle

rro1tid rg for Enclosing Rsilraa s by Fenecs md. cHuie
Guards.
section / Re it enacted by tie General assemble Of the
PARIS having conF-ol Or tnanacrmrnt Of a ralr,ld. The
me . % q a PAR 5sres % I M rnnir r1'i ~, VI b ipra ,sa W yaarI ,ht+ ; ' a.
passage Of Ibis aef- or wi,hin two years after commencing
and freight. % construct and maintain good and suiiri-ur
shall shall he in running order, and ioea ed With ihr STATE i and ID
also 10 max and maintain a sufficient number Of snitlhle
living near the Inc Of such rairoad together with fhe
from crpiancering themselves and the lives of ras~~ngrrs
iisbi r. for al I'" dan n.e" WITH Wfhi"i Tnp T resu GG ~ nmyses n' ca 7 1 e
or Other domestic animals by reason Of the want or insat
by any carelesSHess or negligence of such company, party
inclosnrs and npon sucl, railroad track, without he cons,nr
ceeding ten dollars, for every such ofIense. to be received
OF the proper township IL. and the liability of dana ses which
road shall pass through or along the boundary or any IN
Ti 10 az hf 6sld nF f it herc ,h% p i" e r. or p,"rr!t t ,%c T. %ai rT 'fc
fence necessary to partit ion such inclosed lands fron til"
in the same manner as are the partition fences between two
or more individual boundaries; provided fur her. tltt any
IND c,r lgartn,.is as . "s q h ~ HI. ~ I'm lie
responsible for onn-nalf the expense of constructing and
Sec. Z Thai Whenever any railroad company or Other
party having the roi'rtil and management Of 4 raIlr"'d
the drst section Of this act. and Any lands aijacrnt tns-eio.
NE aM ~ "i w NC n a. r9GsiEed a coimhfehhs e cndid loe 30 20
thai such ra llroad fences shall form in whole or in ? T',
the inclosure to such lands, the person or persons 9w4in;
the same shall pay to such railroad company one-htlt OF
thf cost hnu incurred ny Inc construction OF 50 IfuCH llC e
of as serves as a partition fence, or one-haR the Tnluc OF
such fence AT The time sech Enclosure may be made, as the
care map be, aud whenever any such lands shall nave
been enclosed by the owner aud eccupier the 'eof in such a
mt neer that the inclos lug fence, in whole or IN part may
be made to answer the purpose of inclosing such railroad
the railroad co mpsny or other party having the control ana
management of the road, may join its fences thereto upon
paying TO such owner or oceupier one, half the cost or one
half the cash vnlue Of so much of such fence ns serves 20
inclnse the railroad and in all cascs where either the an
mento fS% a F aiiro Sp or i th e" oTn "i' OIL or oc SapS Of lands sd.
} IL this s sSal5 rI a%eeh az P tSe cost as tr oF ons ha az { dash value
Of so much fence as shall have been built by te other, and
serves The double DurDOsn of iUclOSinH the railroad anu
he adjoining lands, the same may be recovered before any
iourt OF compent Jurisdiction In "A civil action.
c Sec. 4. That when such fences are duly made, they
shall be kept in repairin hllrespects as partition fences are
NOW by law required to be kept in repair
Sec. 4 Nothing contained in this act shall be held TO Al