Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1903-04-13
WHAT ARE LEGAL FENCES Defined
Defined RAILROAD IMMIGRATION WORK
legislation Passed by the Recent Session of the Leg
~islature Defining What are Legal Fences.
How They May be Established and what Legal Stems
are Necessary to Take ir. the Premises.

VlSOrs according to the provisions of
this chapter. or which shall be made
by the owners of adjoining lands. in
writing. Witnessed by two witnesses.
signed, sealed and acknowledged nv
The parties making the same. being
recorded in the registry if deeds. shall
be good and valid against the parties
thereto, and their heirs and assigns.
e 8. Party Voluntarily Erecting
Whole Fence May Recover. When.)
When any controversy that NAV arise
between the occupants of adjoining
lands. as to their respective rights in
any partition fence, it shall appear TO
the supervisors that either of the oc-
cupants had. before any complaint
made to them, voluntarily erected the
whole fence, or more than his just
share OF the same, or otherwise be-
come proprietor thereof. the other oc-
cupant shall pay for as much as shall
be assigned 10 him to repair and main
tain, the value of which shall be as
certained and recorded in the manner
provided in this chapter.
Sec. 10. Fences to be Kept in Re
pair Throughout the Year, All par
tition fences shall be kept in good re-
pair Throughout the year, unless the
occupants of the lands on both sides
otherwise mutually agree.
Sec. II. Proceedings When Land
is Bounded by Rivers.) When lands
of different persons which are re-
CURED to be fenced, are bounded upon
or divided by any river, brook, pond
or creek, which of itself. in the judg-
ment of the supervisors, is not a suffi-
Gent fence. and it is in their opinion
impracticable, without unreasonable
expense, for the partition fence TO
be made in such waters, in the place
where the true boundary line is: if
in such case the occupant of the land
on one side refuses or neglects To
Join with the occupant of the land on
the other side, in making a partition
fence on the one side or the other. or
if such person disagrees respecting
the same. then two or more s%upervis-
ors of the civil township in which
such lands lie, OF application to them
made, shall forthwith proceed to view
such river, brook, pond or creek.
Sec. II. Supervisors 70 Give Notice
and Render Decision.) If such super
visors determine that such river,
brook. pond or creek will not answer
the purpose of a sufficient fence, and
that il is impracticable. without unrea-
sonable expense. to build a fence on
the true boundary line they shall, aftel
giving notice to the parties. determine
how. or on which side thereof. the
fence shall be set up and maintained
or whether partly on n side ant
partly on the other side, and shall re-
duce such determination to writing
and sign the same: and If either party
refuses or neglectS to make or main
tain his part of the fence, according Il
the determination of said Supervisors
the same may be made and main
tained bv the other party as befor'
provided in this chapter. and the de
%linquent party shall be subject to tn
same charges and costs. TO be recoV
cred in like manner
Sec. IS. Lands Occupied in Com
mon. How Fenced.) When any land
belonging 10 different persons in sev
I eraltv have been occupied in common
| without a partition fence .betWeel
[ them. and one of the occupants IS &c
sirous to occupy his part in severalty
> and the occupant refuses or negiects
on demand. to divide with MN IN
line where the fence ought to be bun
or TO build a sufficient fence on III
/ part of the lines when divided. tn
i party desiring it may have the SAN
divided and assigned by a majority {
the supervisors of the SAME civil toWn
r shin. in the manner provided in TN
: chapter.
Sec. IA. Supervisors 10 Asslg
Time for Making Fence.) Upon IN
division and assignment as provide
in the preceding section. the supervl'
ors a in writing under their hano
. assign n reasonable time for maxim
the fence. having regard to the sense
of the year; and. if either party sha
, not make his part of the renee WIN
: the time assigned. the other par'
: may after having completed ms pa
= of the fence. make the part OF the OH
= a., and recover therefor the asce
=, +o;ned mems thereof. together WI
! thn fees of the supervisors, in the mai
I. ner provided in this chapter.
~
Sec. 10. Partition Fence, n
moyable.) When one party ceases
improve his land. or opens MS ehcip
q ure he shall not take away any pa
of the partition fence belonging
him. and adjoining the next ehciosu'
if The owner or occupant OF such IL
;oiping enclosure will, within Nv
y months after the same is a~scerCalhe
q nav therefor such sum as a mayor
II of the supervisors shall, in wrl'lns u
der rheir hands, determine 10 DE u
vaIue of such partition fence belongii
to such parties. ,
y See. lG. Rule in Case OF unlncios
u Lands Afterwards Fenced.) Wheh al
> uninclosed grounds are afterwards !
e closed the owner or occupant there
Ie shall pay one-half of each par'l.i
e fence. standing upon the line betwe
. his land and the ~nclosu " a
le other owner or OCCUPANT, and the val
II thereof shall be a~scertained by a m
, DnUn