Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1903-04-13

nj legal fences ana tne ueHilition Vi
,.yal fences were among the subjects
% General interest legigslated upon by
the recent session of the legislature.
Far thc benefit of the readers OF the
Trihune the text of the law is re-
printed herewith.
An Act Defining Legal Fences, Providing
for The Construction and Maintenance oil
Partition Fences, HOW CohtroVersles
Over Construction of Legal Fences Ma
he settled and Providing Penalties for
Violating the Provisions of This Act.
BE II enacted, etc.
Section /. Legal Fences Dehned.)
An fences four and a half feet high
and in good repair, consisting OF rails,
timber boards or stone walls, or any
combination thereof. and all brooks,
rivers. ponds, creeks bitches and
hedges. or other things which shall be
equivalent thereto, in the Judgment OF
the fence viewers within whose juris-
diction the same may be or any such
fences as the parties interested may
agree upon shall be deemed legal and
sufficient fences.
See. >. Wire Fence Legal In ali
cases where any law OF this state re-
auires to be erected or maintained any
fence or fences for any purpose what
ever. 1t shall be sufficient and a com
pliance with such law, if there shall
be erected and maintained a barbed
wire fence. consisting of two barbed
wires and one smooth wire, with at
least forty barbs to the rod, the wire
to be firmly fastened to the posts not
more than two rods apart, with n
stay beween the posts, the top wire to
be not more than fifty-two inches high
or less than forty-eight, and the bot
tom wire not less than sixteen inches
from the ground; o. four smooth
wires with posts not more than two
rods apart. and with good stays not
TO exceed eight feet apart, the top wire
TO be not more than fifty-six inches
high nor less than fOrty-eight, and
the bottom wire not less than sixteen
inches nor more than twenty inches
from the ground: provided, that five
smooth wires shall be required to con
stitute a legal partition fence; pro-
yided, that any other fence authorized
by law shall also be held a legal
fence.
tNt- D. occupant W Nudlitdlu i IL 4
ton Fences.) The respective occu-
pants of land enclosed with fences
shall keep up and maintain partition
fences between their own and the next
adjoining Enclosures, in equal shares,
so long as both parties continue to i'm
prove the same.
Sec. 4. Penalty for Neglect.) In
case any party neglects TO repair or
rebuild any partition fence which of
right he ought to maintain. the ag-
grieved party may complain to the
civil township supervisors or a ma
lorlty OF them, who, after Tue notice
70 each party, shall proceed to exam
Inc the same and if they determine
that he fence is insufficient, they
snail signify the same in writing to the
delinquent occupant Of the land. and
direct him to repair or rebuild the
same within such time as they deem
reasonable; and If such fence is not
repaired or rebuilt accordingly, it
shall be lawful for the complainant
to repair or rebuild the same.
Sec. .. Same. Value of Repairs,
Mc., ~Recoverable.) When any def
Client fence, built or repaired by any
complainant as provided in the pre-
ceding section, is adjudged sufficient
py TWO or more of said supervisors. ano
the value Of such repairing or build
ing up, together with their fees, is as
certained by a certificate under then
hands, the complainant shall have a
right to demand, either of the owner
or occupant of the land where the
fence was deficient, the sum so ascer-
Gilpi. qnd In Oaco ~ nnOIapt OR re-
1usal to pay the sum so due for one
month after demand thereof is made
ue complainant may recover the
same, with interest at one per cent 3
month, in civil action.
sec. 6. Controversy. How Settled
When any controversy arises abou'
the rights OF respective occupants II
PARTITION fences, or their obligation tt
maintain same, either party may ap
Ply to a majority Of the supervisors o
uhe civil township where the lands lie
VINO, after due notice to each party
may, ] IN writing. assign to each nj
snare thereof and direct the tim with
n which each party shall erect or re
par his share Of the fence, in tn'
manner before provided: which as
sighment, being recorded in the reg
h'fy OF deeds, shall be binding upol
ele parties, and upon all the succeed
ing occupants of the lands: and the!
shall be obliged always thereafter u
maintain their respective portions o
said fence.
Sec. Z. Party Neglecting to Mar
'aln Fence, How Liable.) In case an,
party refuses or neglects to erect o
maintain the part of any fence az
signed to him as aforesaid, the sam
may be erected and maintained by tn
aggrieved party. in the manner befor
provided; and he shall be entitled t
me value thereof, ascertained in tn
manner aforesaid, and be recovered /
like manner.
Sec. 8. Division OF Fences Valid.