Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1875-08-07
THE FENCE LAW.

THE FENCE LAW.
For the information of our farmers,
we have been requested to publish the
following law, passed by the Leglsla-
ture of our State, and which will be
found in the Acts of 1928, OH page
All -
I. Every fence of the height and de-
scriptiOn hereinafter mentioned shall DC
deemed lawful fence rs to any stock
named i'm the third section, which eouiu
not creep through the same, that Is 10
say: ,
the worm fence. four and one-half feet
high.
II. If built with posts and rails, or
posts and plank or pickets, four feet;
III. If built with stones, two feet wide
at the base, three and-half feet high;
Nv. II a hedge fence, four feet high.
Ifany such fence be built upon mound,
the same from the bottom of the ditch
shall be included i'll estimating the height
of the fence.
2. All rivers and streams, and parts
thereof, within this State, which are law
full fences at the time this act takes effect,
under existing laws shall continue such
until otherwise ordered by the county
court of the county. And hereafter the
county court of any county may declare
any river or stream in its county, or hich
constitutes a boundary line thereof
lawful fence, for such places, and for such
distance as it may deem proper, and may
discontinue any such river or stream, or
any part thereof as lawful fence, which
has already been or shall be declared to be
such.
3. Ifany horses, mules, cattle, sheep,
hogs, or goats, shall enter into any
grounds enclosed by lawful fence, the
owner or manager of any such animal
shall be liable to the owner Of such
grounds for any damages he may sustain
thereby and for every succeeding tres
pass by such animal, the owner thereof
Shall be liable for double damages. And
after having given mt least five days
notice to the owner or manager Of such
animals of two previous trespasses, the
owner or occupier of such grounds shall
be entitled to such animal, if to be found
again trespassing on said grounds.
4. Where two or more persons shall
have lands adjoining, each of them shall
make and maintain just proportion of
the division fence between them, except
the owner or owners of either of the all
joining lands shall choose to let such land
lie open.
5. Where person shall have chosen to
let his land lie open, if he shall afterwards
inclose it, he shall refund to the owner
of the adjoining land, just proportion of
the value at that time Of any division
fence that shall have been made by such
adjoining owner.
&. The value of such fence, and the
proper ton thereof to be paid by such per-
son, and the proportion of the division
fence to be built by him, in case of his
inclosing his land, shall be determined,
in case the parties cannot agree, by three
persons to be agreed upon by them; and
if they cannot so agree, by three disinter-
ested persons to be appointed by the
county court, OH motion of either party,
after reasonable notice to the other.
7. If dispute arise between the owners
of adjoining lands, concerning the pro-
portion or particular part Of fence to be
maintained or made by either Of them, or
the amount to be paid by one party to the
other for any fence already built, or
maintained, such dispute shall be settled
by three persons to be selected as provided
in the preceding section; and the amount
so ascertained to be paid by one party to
the other, may be recovered in any court
having jurisdiction in the case.
s. The persons so selected shall exam
inc the premises and hear the proofs and
allegations of the parties, and the decision
of any two OF them shall be final, and bind
the parties to such dispute and all parties
holding or claiming under them.
4 - al
the three preceding sections shall be re-
duced to writing and shall contain q des-
cription of the fence to be built or kept in
maintained by each party, which decision
shall be forthwith filed in the office of the
clerk Of the county court, and be recover
ed in book to be kept by him for that pur-
pose,
10. Any person desiring to build such
division fence, may give notice in writing
to the proprietor of amy adjoining lands,
or to his agent, of his intention to build
such fence, and requiring him to build
his just proportion thereof. The party so
served with such notice, shall within ten
days thereafter, in case he elects to let
his lands lie open, serve notice in writing
on the party desiring to build said fence,
of such election, and upon his failure to
do so, he shall be liable to the party build
ing such division fence for his just proper
ton of the expense thereof, in case he fails
to build the same.
IL. In any controversy In which the
sufHciepcy Of feuce under the provisions
Of this chapter shall COME in question, it
shall be presumed that the same was at
the time to which such controversy re-
lates, a lawful fence and in good condition
aud repair, unless the contrary be proyen>