The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1893-09-29
WEST VA. laws
In Regardto Stock and Fences.
[osaeladal Jrom Laa r.sa. i

10. II any person whose prop
erty be injured or destroyed by
such stock, shall demand and re.
ceive more than unreasonable and
fair compensation from the own.
er thereof, for such injury, des.
truction or keeping, the owner of
the said stock may recover the
excess so paid, from the person
demanding and receiving the
same, before any tribunal having
jurisdiction thereof. The pro.
visions of this act shall not be en-.
forced, in any county or district
in this State, until 1t be adopted
by a majority of the votes, cast
by the voters in such county or
district, at an election, at which
the question shall be submitted
for their adoption or rejection.
IL. 1t shall be the duty of the
county courtof any county, upon
the petition Of fiftyvoters of any
district therein. TO submit to q
vote of such district, at a general
or school election, the question
of enforcing this act in said dis.
Itrict- AT such election, those
voting for the enforcement
thereof, shall have written or
printed ON their ballots, "For
stock law aud those voting
against the enforcement thereof,
shall have written or printed on
their ballots, Against stock
law ia majority of the votes
cast be for stock law, this act
shall bein force in said district,
from the date of said election. /.
u. Where two or more per
sons shall have lands adjoining,
each of them shall make and
maintain a just proportion Of the
division fence between them, ex.
cept the owner or owners of
either of the adjoining lands
shall choose TO LET such lands lie
open.
10. Where a person shall have
chosen to let his land lie open, il
he shall afterwards enclose it.
he shall refund to the owner of
the adjoining land, a just proper
ton of the value at that time of
any division fence that shall
have been made by such adjoin.
ing owner.
IA. The value of such fence,
and the proportion thereof to be
paid by such person, and the
proportion of the division fence
to be built by him. in case of his
enclosing his land, shall be de-
termined, in case the parties can.
not agree, by three persons to
be agreed upon by them; and if
they cannot SO agree, by three
disinterested persons to be APP
pointed by the county court, on
motion of either party, after
reasonable notice to the other.
10. If dispute arise between
the owners of adjoining lands,
concerning the proportion or
particular part of a 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 maintain
ed, such dispute shall be settled
by three persons to be selected
as provided IN the preceding sec
ton; and the amount so ascertain
ed to be paid by one party to the
other, may be recovered in any
court having jurisdiction in the
case.
IS. The persons SO selected
shall examine the premises and
hear the proofs and allegations
of the par ties and the decision
of any two of them shall be final,
aud bind the parties to such dis
pute and all parties holding or
claiming under them.
IL. The decision made under
either of the three preceding sec
tons shall be reduced to writing
and shall contain a description
of the fence to be built or kept
in repair. or both, and of the
proportion to be maintained by
each party, which decisions shall
be forthwith filed in the office of
the clerk of the county court and
be recorded in a book to be kept