The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1874-08-01
FARM AND GARDEN.
from the Bloomington Paragraph.
The New Fence Law.

The New renee LIN.
A new law, revising and consolidating the
former laws of the State in regard 10 FENCES
was passed by the legislature last March and
went into operation on the first OF the presen'
month The law provides that the town AS
SCISSOR and commissioners OF highways Snaii
be the fence viewers in their respective toWns
A local and sufficient fence Is stateu 10 NC
one that is four and II half feet hlgh' anu ID
GOOD repair consisting OF rails, uiloer'
boards, stone, hedges, or whatever me renee
viewers consider equivalent TO lhese aTl!cies :
but any town at their annual Town meeting,
may determine what shall constitute Il iegai
fence in that particular to"h' AuJolnins
property owners must ehch 'ha'u'"'n Jus'
proportion, unless one OF inc o"hers cnooSe
ia let his land lie open. If, however, the di-
vision fence has been built by mutual agree
mont neither can remove his fence rs long he
crons or uses his land for farm purposes, or
without giving the other years notice III
writing of his intention to move his portion
of the fence. And when any person, having
chosen to let his land lie open, if he after
wards encloses it, or if a person cnc!oscs his
land upon the enclosure OF another, he Is to
refund to the owner of the adjoining land
lust proportion of the value at that time OF
any division fence the adjoining owners may
have made, if it is a ditch or hedge; and if
y
ly build his proportion of. such fence, or re-
fund to the adjoining owner just proportion
of the value at the time, OF the fence. In
these cases the value of the fence and the
proportion to be paid, and the proportion of
The fence to be made and maintained by him
in case of enclosing his land, is TO be deter
mined by two fence viewers OF the town.
If any person neglects to repair or rebuild
his part of division fence, any two fence
viewers shall on complaint Of the party az
grieved, after giving due notice to each party
examine the fence, and If they deem II TO be
insufficient, they shall notify the delinquent
party of the fact, and direct HIM TO repair or
rebuild it in a reasonable time.
If dispute arises between adjoining own
crs the proportion of fence to be maintained
by either of them, the dispute shall be settled
by any two OF the fence viewers OF the town;
and in such cases the fence viewers are to
distinctly mark and define the proportion of
the fence to be maintained by each When
any of the above mentioned matters are sub
mltted to fence viewers, each party shall
choose one, and if either neglects after eight
days notice in writing, to make his choice,
the other party may select both viewers. And
for the purpose of notice under this act, a
notice to the tenant or person III possession is
sufficient, when the owner is not a resident
of the town. In case the two fence viewers
disagree they are to choose third, and ma
jority decides. Their decision is to be in
writing and is to contain description of the
fence, and the proportions to be maintained
by each owner, and is to be filed in the office
Of the town clerk.
If any person who is liable to contribute
to the erection or repair of Il division fence,
neglects or refuses to make or repair his pro-
portion, the party injured, after giving sixty
days notice in writing that anew fence should
be erected, or ten days notice that it should
be repaired, may make or repair at the OK
pense of his delinquent neighbor and re
cover the amount from him by suit; and the
party 80 neglecting is also liable for all dam
age resulting from his neglect, to be deter
mined by any two fence viewers selected as
above mentioned.
Fence viewers have the power to subpoena
and administer oaths, and may receive $50
day for their services. These expenses are
to be paid in the first instance by the party
desiring tn. services, but in the end are to be
recovered from the party who is found to be
delinquent; but where there is no delnquen.
cy each land owner is to pay half the ex-
penses of the view,