The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-08-10
The Fence Law.

! Vest Virginia, we publish the following
law, passed by the Legislature of our
State and which will be found in the Acts
of 1928, on page All
l. Every fence of the height and de-
scription hereinafter mentioned shall he
deemed lawful fence as to any stock
named in the third section, which could
not creep through the same, that is Ia
say
|. If built Of common rails, known al
the worm fence, four and one-half feet
high.
il. If built with posts and rails, OF
posts and plank or pickets, four feet;
Ill. Ii built with stones, two feet
wide at the base three and one-half feet
high;
". If a hedge fence, four feet high.
If any such fence be built upon a
mound, the same from the bottom of the
ditch shall be included in estimating the
height OF the fence.
2 All rivers and streams, and parts
thereof. within this State, which are law
full fences al 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
which constitutes boundary line thereof
lawful fence, for such places, and for
such distance as 1t may deem proper, and
may discontinue any such river or stream,
or any part thereof rs II lawful fence,
which has already been or shall be de-
clared to be such.
;. lfauy 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 at least five days no.
tice to the owner or manager OF such an
finals OF two previous treSpasscN the own
cr or occuper of such grounds shall be
entitled to such animal, if 10 be found
again trcspassng on said grounds.
{. Where two or NOR" persons shall
have lands adjoining, each of them shall
make and maintain u Just proportion Of
the division fence between them. except
the owner or owners of either of the adj
Joining lands snail choose TO let such land
lie open.
). Where a person shall have chosen
to let his land lie open, il he shall after
wards Enclose it, he shall refund to the
owner of the adjoining land, II just pro-
portion 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
proportion thereof to be paid by such per.
son, and the proportion OF the division
fence to be built by him, in case of his in
closing his land shall be determined, in
case the parties cannot so agree, by three
persons to be agreed upon by them and
if they cannot 80 agree, by three disintcr-
cstcd persons to be appointed by the
county court on motion Of either party,
after reasonable notice to the other.
:. II dispute arise between the owners
OF adjoining lands, concerning the pro-
portion or particular parts OF fence to
b. maintained or made by either of them,
o. the amour to be paid 10y one party to
the other for any fence already built, or
maintained, such dispute shall be settled
bv three persons to be selected as provld-
cd in the preceding section; and the
amount 50 asccr;ained to pc paid by one
party to the other, may be recovered in
any court having jurisdiction in the case.
5. The person 30 selected shall exam
inc the premises and hear the proofs and
allegations ofthe 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
8. The decision made under either of
7 the three preceding sections shall be re-
/ duc"d to writing and shall contain de-
snriptun of the fence to be built or kept
/ in repair, or both, and of the proportion
| to be maintained by each party, which
/ decision shall be forthwith filed in the
Office OF the clerk OF the county court, and
/ be- recovered in book to be kept by him
for that purpose.
10. Any gcrson desiring to build such
division fence, may give notice in writing
to the proprietor OF any adjoining lands,
or TO his agent OF his intention to build
such fence, and requiring him 20 build
hi, just proportion thereof. The party
so served with such notice, shall within
ten DAYS thereafter, in case he elects to
let his hands lie open, scrvenotice in writ
ing on the party desiring to build said
fence, of such election, and upon his fail
urc to DO So, he shall be liable to the par
" building such division fence, for his
lust proportion of the expense thereof in
case he fails to build the same.
II. In any controversy in which the
sutHciency Of fence under the provisions
of thi, chapter shall come in question, it
shall be presumed that the same was ut
the time to which such controversy re-
latcs, Il lawful fence and in good condi-
tion and repair, unless the contrary be
proven.