The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1909-07-01
The Independent Farmer
pBpARrMENr 5DEyoTED oF THE BEST INTERESTS on
MOST IMPORTANT INDUSTRY OF THE @NoRTHWEsT

civil township asupervisors or a ma
jority of them, who after due notice
to each party. shall proceed to eX-
anime the same, and who after
due notice to each l.=rtys shall pro-
, coed to examine the same, and if
they determine that the fence is, in
sufficient, they shall signify the
same in writing to the delinquent oc-
! cupant of the land, and direct him
to repair or rebuild the same, with
in such time as they deem reasonable.
And if such fence is anot repaired
or rebuilt accordingly ,vssit shallss.!b'e
lawful for the complainant to repair
For rebuild the same
1924. Value o. repairs, etc. Re
|coyerable When any deficient fence
built Or repaired by any complainant
as provided in the preceding sec
ton, is adjudged sufficient by two
or more of said supervisors, and
that the value of such repairing or
building up together With their fees,
is ascertained, by a certificate under
their hand, the complainant shall have
the right to demand either the own.
! er or the occupant of the land,
where the fence was deficient, the
sum so ascertained. And in case of
neglect or refusal to pay the sum
!, SO due, for one month after the de-
mand is made, the complainant may
recover the same with interest at
one per cent a month, in civil ac-
ton.
1895. Controversy. How settled
When any controversy arises,
about the rights of the respective oc-
cupants, in partition fences, or their
obligation to maintain the same,
either party may apply to a, majority
fof the supervisors, of the civil town
ship, where the land lies. Who after
due notice, to each party, may in
writing, assign to each his share
thereof, and direct the time within
which each party shall erect or re-
pair his share of the fence, in the
manner before provided. Which as
signment being recorded in the Reg
istry of deeds, shall be binding, up
on the parties, and upon all the 81
ceeding occupants of the lands, and
they shall be obliged always there
after to maintain their. respect
i've portions of said fence. ~
1896. Party neglecting. to maintain
fence. How liable. In: case any
party refuses to erect or maintain
the parts of the fence assigned to
him, as aforesaid, the same may be
erected and maintained by the az
grieved party in the manner before
provided. and he shall be- entitled TO
tie value thereof, ascertained in
the manner aforesaid, and be recoy-,
cred In like manner y g ''.7''"'' ',@
3237. Division of fences valid.
An divisions, Of fences made BY
supervisors, according to the pro-
vision in, this chapter, or which shall
Be made, by the owners Of ad5oin-
ing land, in. writing, witnessed by
two witnesses, signed, .sealed and
acknowledged by the parties making
same, being recorded in the registry
of deeds, shall be good and valid
against the parties thereto, and their
heirs and assigns. ss
1898. Parties voluntarily erecting;
whole fences may recover. When.
When any controversy that may
arise, between the ,occupantss 1of ad-
joining land, as to their respective
rights, in any partition fence it
shall appear to the supervisors, that
either Of the occupants had, before
any complaint made to them, volun-
tarily, erected the whole fence, or
more than his just share of the
same, or otherwise, become proprie-
tor thereof, the other occupant shall
pay for as much as shall be assign
ed to him; to repair, and maintain,
the value Of which shall be ascer1
tanned and recorded in the manner
provided in this chapter 5s
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