River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1881-01-13

hef lsS'A oGotAltSt 10 naHStASNi - -
ldtion thereto:
Section 1889 The overseers OF high |
ways in their respective towns, the aldermen |
of cities in their respective wards, and the !
trustees OF villages in their respective vii !
lagos shall be fence viewers, and IN towns |
having less than three ad districts, the |
Supervisors shali also be fence vie Eers.
SECTION 1880, a. amended by chapter i5e |
laws 1880 All tencrs four and une-hali feet
high and in good repair, consisting OF rails,
tim befs boards, wire, barbed wire or stOnr
walls, or any combination then co. and al
brooks rivers, ponds, creeks, bitches and
hedges, or other things which shall be con
sidered equiva eut thereto in tie judgment
of owners within whose Jurisdiction the
same may be, shall be deemed legal aud sui
fcieut fences. Fences on marsh or swamp
lands may he made by a ditch combined,
not exceeding twelve feet In width, equal
amounts OF material being taken from, OF
space occupied on each side OF the division
line
Section 1891, as amended ny chapter 1873
laws S50 The respective occupants Of ad
iong lands, used and occupied for farming
purposes, shall keep and MAINTAIN partitioi
fences b tween their own and next adjoining
premises in equal shares, so long as both
parties continue 10 so occupy the same, aud
such fences shall be kept IN good rep u
throughout the year. unless the occupants Of
the lauds on both sides otherwise mutually
agree
Section 392, as amended by chapter 1873
laws OF 1880 Ev. ~ partition OF the fence on
OF the line upon which partition OF the
fences are 10 he built between adjoining
owners, made by the owners thereof ~
writing, signed sealed and witnessed 10y two
witnesses, or by the fence view go. IN writ
ing under their hands, in the cases and ~
the manner hereinafter provided, after bring
record, q in the town clerks office, Shall
pblige such owners, their heirs and assigns,
so long such adjoining land Oh each sud-
respectively, shall remain ~ the same own
ershlp, amt alter a severance q ownership
until a new partition oi such ieHce shah u
made, to build and maintain such fenor
a. retably to such partition. But neither
such owners, nor his heirs or assigns, shal
Toe bound t. build uI maintain any part oil
such partition. fence during airy time when
he shall not so occupy his lands so adjoining.
Section 1898 division OF a partition
fence, or ;he line up ~ which a Part
tence between adjoining lands shall be bullt,
m v be made by fence viewers in the follow
ing C SEES:
/ When any owner Of uninclosed lands
shall desire t. enclose the same, he may
have the line between his land and the adj
Joining land OF any other person divided,
aud the portion upon wEich the respective
owners shall erect their shire ut the partl-
ton fence assigned, whether such adjoining
land bp nclused or not.
, When an, lands balougingt - different
persons i'm severalty shall have been occu-
pied in common, or without PARTITION
ieuce between them, and one OF the occu.
pants shall he DESTROYS TO occupy his part
n seYrratv, aud the other shall ieiuse or
eglect, on demand, to divide with bun the
Inc where the tence ouglIt To he butt, or e.
build IA sufficient teuce on his part ni the
nne, hen divided, the occupant desirif 4 II
| NAV have the same divided, ami the share
| of each assigned
8 Whau any controversy shall arise
about the right OF tn respective occupants ~
PARTITION leuces, or Their obligation tn main-
ttin the same, either party may have the line
divided and the share oil each assigned.
In either such case, application may be
made totwO or more fence viewers al he town
where the lands lie, who, after reasonable
| uJtice in writing to eacl party, to be served
~ "a summons as IN a civil action before
lu-t ice OF the peace, shall in writing under
fheir hands. divide the partition fence or
Inc. and assign to each owner or occupant
his share thereof; and in the second and
tbird cases tney shal also therein direct the
titne within winch each party shall build,
1r repair, a. may be proper, ms share 81 tue
feuce having regard 10 the season OF the
ear. and snail lille such decision in the
town clerks off e., who shalt record tlif
SANE II either party shall reiuss or neglect
10 build or repair, within tie time so ar
signed, il part oI the leuce, the ether may,
.ttrr b wing completed his own part, butld
nd repair such part and recover dudble tx
pruse thereof az hereinafter provided.
section 1894 Where q partition fence
ruuttng into the water X necessary to be
IN de. the same sltail he done i. equal
shares, unless otherwise agreed 10y the
ptrties; aud ii case either party shall re-
iuse Or neglect 10 III Ike or mtintan the
the share belonging 10 lam, similar proceed
nag. sh III b. hid AS IN c Use Oi other fences,
and nth the like # CT
Section 1885. When the boundary line
.,etwerIi encju-ed lands 81 If rent persons
IS river, bronx. p0ud or creek, which at
itself ~ not Il Sufficient fence, aud 1t is i'm
practicable, without unreasonable eXpensr,
or q partition fence to be built ON the true
hauudry iup and either owner or occupant
shall retus. to join III making partition
tpnce on either side Thereof; or, II they shall
disagree re pectug the same. either party
may auplY H. two Or III re fence viewers OF
ueteNn, who, alter giving notice az pro-
vi,ied iu S-ctibn thirteen hu rdrrd and nine
three, shall proceed To view such river,
brook, pond or creek; and. il they shall
determine that the sam IS not Il sufficient
ieucp and that it is lmprac icdble, without
unreasonable expense, 10 build fence on
the true bound ny line, they shall, in writ
ug under their hahds, determine how o.
on which side thereof the tenc 8 shall be
bulit or whether partly On one side and
partly on he other, AID assign
thereof, and the tine WITHIN which the res
pnctive parties shall build he same, and file
such determ nation ia the uthct ~ the town
cirrk who shall record the same II either
purity shall refuse or neglect to build within
he time assigned, hi part OF the fence, the
other may, after having cmplrted his own
part, build such part, and recover double
the expense thereof, "a hereinafter proviiad
II said tpuca viewers sha deteun he MT
It IS mpracticabIe, either from formation
oi thu banks Of such river, brook, pond, or
creek, or from any other ctuSe, 70 mtlnt''in
any fence aloi ( or near said boundary line,
tney shall give written notice to the parties
ot such dete imitation.
Section 1896 In case any person shall
neglect to repair or rebuild any partition
fence, which by Law he ought to maintain,
the aggrieved party may complain to two ar
more fence viewers OF the town, who, after
giving notice as provided in section thirteen
hundred and ninety three, shall. examine
tile same, aud II .h-y shalt determine such
fence is insufficient, they shall signify the
same to the delinquent party, and direct him
to repair or r. build the same within such
time rs they shall de IN reasonable Ii such
fence Shall not be repaired rebuilt within
the time liked, the complainant may repair
rebuild the SAM, and recover double the
expense thereof. as hereinafter provided.
SECTION 1897 Whenever any Owner or
occupant shall have huilt repair cd or rebuilt
tons, which the adj j1i ing owner or occupant
shall have been lawfully directed by fence
viewers to build, repair or rebuild, aud have
failed t. do within the time prescribed, he
may c III upon any two or more fence viewers
81 the town, who shall, after having gwen
notice e. such I'D nuing owner or occupant,
az providrd - section thirteen husdrrd aud
nnity-thrre, examine such fence aud ascer-
tain the expense thereof; and il they shall
adjudge such renee sufficient, they hall give
to such party a certificate under their hands
81 such de,si1n and If tile amount OF the
rXpence Of such bul ding or repairing, and
the tees or the fence viewers who made such
order, and o, TIA ir OWE; aud th"reuPon such
tarty may demand double the amount ~
such aSceitained Expense, together with such
tees from such adjoining owner oroccupant;
aud iu ease OF neglect and refusal 10 pay the
the same for one month after so demanded,
the same NAV be recovered with interest at
The rate OF one per cent. month and costs;
such adjoining lands shall lie liable To seizure
aud sale upO ind @memt So recovered, and
shall in no case he exempt from any eXecu-
ION issued there n.
Section l39s When, in any controversy
hat may arise between papts OF aij0in
lng lands as to their respective rights la any
PARTITION fence, 1t shalt APPEAR to the ience
viewers that either ct the occupants had, b.
lore any complaint made tothem, voluntarily
erected the whole fence, or more that his Just
share Of the same, or otherwise become pro-
pretor thereof, the other occupant shall pay
Tor 80 much as NAV b. assigned to him to re-
pair or miiutaiu; the just value thereof which |
i. ought to ray Sltali he asGertained by pro-
Al 81 H..