The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1875-10-07
Thc Fcncc Law.

I found in the Acts Of 1928 on page
4T-
l. E$egy fence Of the height and
description hereinafter mentioned
shall &c deemeda lawful fence as 10
! any stock named in thNthird section,
which codldnot creep through the
same, that is to say. x -.
/, If built of common rtiis, known
as the worm fence, four and one half
feet high. -s7.7....tiss.
e II. kllgit with post and rails, sorl
pests and plank or piciSesa, feafs fset;,
H. If built with stones. ssy6 sIss
wide 4. the base. three and ono nal
ivstsa hedge fence, E6Se e.lSgla:
e Eany snch fence be built upon a,
mound, the same from the bottom Of,
the ditch shall be included in estima-
ting the height Of the fence.
.. AL rivers and streams, and parts
thereof, within this State, which are
lawful fences, at the time this act
takes effect, under existing laws, shall
continue such until otherwise order
ed BY the county court Of the county.
And hereafter the county court Of any
county may declare any fiycr or
stream in its county, or which con-
stitu.cs 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 he such.
5. If any horse, mule, 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 owncrof
such grounds for any damages he
may sustain thereby; and for every
succeeding tresspass by such animal.
the owner thereof shall be liable for
double damages. And after having
giyen at least five DAYS, notice to the
owner or manager of such animals Of
two previous trcspasSes, the owncror
occupird of such gtounds shall be en-
titled to such animal, if to be found
again trcspassing 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 be-
tween them, except the owner or
owners ofcither Of theadjoiniug lands
shall choose to let such land lie open.
5. Where a person shall have cho-
sen to let his land lieopen, ifhe shall
afterward iinclosc,it, he shall refund
to ofhe.oaneref the adjoining land, 4
lust proportion of the value at chat
time Of any division fence that shall
have been made by such adjoining
owner.
6. The value ofsuch fence. and pro-
portion thereof 20 be paid by such
person, and the proportion OF the d.
vision fence to be built By him, in
case of his inclosing his land, shall
be determined, in case the parties
cannot so agree. by three persons to
be agreed upon BY them: and If they
can not so agree, by three diSinter-
ested persons to be appointed by the
county court. on motion Of either
party, after reasonable notice 10 the
other
{. If despute arise between the
owners of adjoining lands, concern
ing the proportion or particular parts
of a fence to be maintained or made
br either of them. or to the amount
70 be paid by one party to the other
for any fence already built, or main
tanned, such dispute shall be settled
by three persons to be selected as pro.
rided in the preceding section; and
the amount 50 ascertained to be paid
BIZ one party to the other, may be
recovered in any court having juris-
diction in the case.
S. The persons so selected shall ex-
anime the premises and hear the
proofs and allegations of the two par
ties. and the decision Of anv two Of
them shall be final. and bind the par
ties TO such dispute aud all parties
holding or claiming under them.
O IT. decision to,dc rnde- cithcr