Iowa voter. [volume] (Knoxville, Iowa) 1867-1874, 1874-05-07

ex-Circuit Judge, through the Jasper
County Independent, gives to the
Public the following:
What are lawful fences: and who
are under legal obligations to build
fences? are questions that interest
the agricultural people Of Iowa as
much as any Others. To briefly an
swer both questions, first quote sec
ton ,5o7, chapter 4, title II, OF the
Code:
"a fence made OF three rails OF
good substantial material; or three
boards, not less than six inches wide,
aud ihree-qnarters OF an inch thick
such rails or boards To be fastened in
or To good substantial posts; not
more than ten feet apart when rails
are used, and not more than eight
apart when boards are used ; or wire
either wholly or i'm part /; substantial
Iy built aud kept in good repair; or
any other kind OF fence which in the
upinion OF the ce-yiewers, h
equivalent thereto, shall be declared
a lawful fence; provided that the
lowest or bottom rail or board, shall
not be more than twenty or less than
sixteen inches from the ground, and
that such fence shall he fifiy-four
inches in height; provided further
that all partition fences may be made
tight ut the expense OF the party
using il and such party may take from
such fence the same material he has
added thereto, whenever he may
pInt:t and provided further that
when the owners or occupants OF adj
Joining lands use the same for the
purpose Of pasturing swine or sheep,
natli III said owners or occupants
shall keep their respective shares of
the partition fence. sufficiently tight
To restrain such swine or sheep"
Here then we have the lawful
fence OF Iowa--tifty-four inches high,
built Of three good rails or boards Ia
all eases or some other fence In the
opinion Of fence viewers equivalent
thereto. II 10 be partition fence,
one OF the adjacent landowners, de-
string to pasture sheep or swine has
the right OF making the whole fence
tight at his own expense, with the
privilege OF removing his material
whenever he likes. If both the adj
jacent land owners desire to turn In
10 their fields any sheep or swine,
then both are required TO tighten
their respective shares Of the parti-
ton fence. Whenever a fence is
required to be built,.it will be easy
10 understand what kind Of fence
Is required.
Then, az to who are required to
build fences, II is obvious that wher-
eyer the herd law Is not In force, ev-
cry. one who desires to be protected
in the enjoyment OF the fruits of his
husbandry must at hts peril build
around his enclosure the lawful fence
required by the statute before iite TIM
ordinarily recover for the destruc-
ton Of his crops by trespassing ami
mails; and where that law goes into
effect IL does not Ia any way affect
:he obligations Of contiguous land
owners who enclose portion Of their
lands IN commons. O., by an out
side fence enclosing lands belonging
10 separate individuals from erect
ing and maintaining partition fences
~ described ia the section already
quoted.
Judge Dillon, in delivering the
opinion of the Supreme Court In a
iaost important case from this
county, uses the following Ian
guage:
Chapter CT Of the Revision (relat-
ing to partition fenees) has convert
ed some of the Offices and duties of
good neigbborship into legal obliga-
ton" Talbot VIZ. BrackIege, 22l
Iowa. page 575. Without this statu-
tory regulation every man would be
fee to fence his land as he chose,
even If in doing so he left dead lane
but three feet wide, between his own
fence and the fence that his neighbor
@0uld be bound to build, to protect
his own fields. sBut that case fol-
loving and re-atlirming the case Of
Sehnaze VS., Gehman; 9TH Iowa, page
80, left no doubt that so long as any
person used his land for agricultural
purposes, after it was in part enclosed
~ the improved or fenced land Of
his neighbor, he is under legal obli
cation to build and maintain his
share of the partition fence; and rs
the law then stood this obligation
could not be evaded by setting back
his own fence and throwing open al
lane for though he.could have the
iAte on his own land If he wanted it,
he must nevertheless help to build
the fence which separated his own
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