Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1875-08-24
NO. 3D..
THE FENCE law,

passed by the Legislature of our State, and,
which win be found in the Acts of lS72-73,
on page Az:
i. Every fence of the height and descrip-
tion hereinafter mentioned shall be deemed
lawful fence as to any stock named in the
third section, which could not creep through
the same, that is to say 3 F,is
| /. If built of common rails, known as the.
worm fence, four and one-halt feet high.
II. If built with posts and rails, or posts
and plank or pickets, four feet
III. Ii built with stones, two feet wide at
the base, three and-half feet high
( ~. If hedge fence, four feet high.
If any such fence be bnilt upon mound,
the same from the bottom of the. ditch shall
be included in estimating the height of the
fence q s'gl
2 Allriyers and streams, and parts thereof,
within this State, which are lawfnl fences at
tho 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 IT'S county,
or which constitutes boundary line thereof
a lawful fence, for such places, and for such
distance As ii may deem proper, and may dis
continue any such river or strem, or any
part thereof rs lawful fence. which has
already been or shall be declared to be such
3. If any horses, mules, cattle, sheep, hogs
or goats, shalfenter 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 sus-
tain thereby; and for every succeeding tres
pass by such animal, the owner thereof shall
be liable for double damages. Aud after
having given at 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 tresspassing on said
grounds. rs
q. 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 adjoining 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 in
close it., he shall refund to the owner of the
adjoining land, just proportion of the value
have been made by such adjoining owner.
6. The value of such fence, and the pro-
portion thereof to be paid by such person,
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 cam
not agrees; by three persons to be agreed upon
by them; and if they cannot SO agree, by
three disinterested persons to be appointed by
the county court, 'on motion of either party,
after reasonable notice to tho other.
Z. If dispute arise between the owners of
adjoining lands, concerning the proportion or
particular part of fence to be maintained or
made by either of them, or the amount to be
paid by one party to tho other for any fence
already built, or maintained, such dispute
shall besettled 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.
8. The person SO selected shall examine
hepremises and hear the. proofs and allega-
tions of the parties, and the decision of any
two of them shall be final, and bind the par
ties to such dispute and all parties holding or
claiming under them.
8. The decision made under either of the
three preceding sections shall be reduced to
writing and shall contain description 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 a book to be kept
by him for that purpose. ,.s...t. -.-r.
10. Any person desiring to build such di>
vision 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 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 euch election, and upon
his failure to do SO, he shall be liable to tho
party building such division fence, for his
just proportion of the expense thereof, in case
he fails to build the same.
H.. In any controversy in which the suf-
fcieucy of fence under the provisions of
fence under the provisionsions of this chap
ter shall come in question, it shall be pre-
sumed that the same was at the time to which
such controversy relates, a lawful fence and
in good condition and repair, unless the cons
trary be proven .....s
A TRUE sToRY.-Rag.ravers will please
read and ponder the following true story
A party of convivial gentlemen, who had
been imbibing freely, wished to light their
cigars. One of them twisted dollar bill
into taper, held it to the gas with an air of
bravado and used it as light. A second,
not to be daunted, used fiTe dollar bill in
the same way. A third burned ten dollar
note. The fourth one took a check.book
from his pocket, wrote check Tor thous>
and dollars, tore it out and used it for cigar
light. How much poorer was he for the
tFansactiOn7 WOrshippers of the greenback
will please remember, in preparing their an
swers, that the check represented" money,
and was made out of the material of their
pet money. 1t was money, then, and this
man paid thousand dollars for his cigar
light-didn't he - Chicago Tribune.