FENCE LAWS. In nearly or quite every _State in the Union there are laws defining what legal fences shall be. In some of the States, as in Illinois, the law leaves it for towns, villa ges, counties, and communities to define what the fence shall be, or whether there may be no fences. A synopsis of the laws relating to fences and farm stock is thus defined in one of the Reports of the Department of Agriculture, Washington: In the older States the laws regu lating fences are suhstantially alike. As to height, a legal fence is generally four and a half feet, if constructed of rails or timber. Ditches, brooks, ponds, creeks, rivers, etc., sufficient to turn stock, are deemed equivalents for a fence. In ease a stream or other body of water is eon .sidered inadequate to the turning of stock, the facts are investigated by officers known as fence viewers, who will designate the side of the water upon which a fence shall be erected, if the fence be deemed necessary, the cost to be eqally borne by the parties whose lands are divided. Occu pants of adjoining lands which are being im proved are required to maintain partition fences in equal shares. Neglect to build or to keep in repair such fences subjects the negligent party to •damages, as well as double, and in some States treble, the cost of building or repairing, to the aggrieved party. A person ceasing to improve land can not remove his fence unless others interested refuse to purchase within a reasonable time. A provision in the laws of several of these States, which is well calculated to serve the interests of neighbors, saving the expense of fence building, is one permitting persons owning adjoining lots or lands to fence them in one common field, and for the greater advantage of all, allowing them to form an association, and to adopt binding rules and regulations for the man agement of their common concerns, and such -equitable modes of improvements as are required by their common interest; but in all other respects each proprietor may, at his own expense, inclose, manage, and improve his own land as he thinks best, maintaining his own proportion of the general inclosure. The laws regulating fences in the New England States differ only in a few particulars. The required height of a fence in Maine, Massachusetts, and New Hamp shire, is lour feet ; in Vermont, four and a half feet; in Rhode Island a hedge with a ditch is required to be three feet high upon the bank of the ditch, well staked, at the distance of two and a half feet, bound together at the top, and sufficiently filled to prevent small stock from creeping through, and the bank of the ditch not to be less than one foot above the surface of the ground. A hedge without ditch to be four feet high, staked, bound, and filled; post-and-rail fence on the bank of a ditch to be four rails high, each well set in post, and not less than four and a half feet high. A stone-wall fence is required to be four feet high, with a flat stone over the top, or surmounted by a good rail or pole; a stone wall without such flat stone, rail or post on top to be four and a half feet high. In each of the New England States there are plain provisions in regard to keeping up division fences on equal shares, and penalties for refusal to build them, and when built for neglect to keep teem in repair. Fence-viewers in the respective towns settle all disputes as to division fences. Owners of adjoining fields are allowed to make their own rules and regulations con cerning their management as commons. No one not choosing to inclose uncultivated land can be compelled to bear any of the expense of a division fence, but afterward electing to cultivate, he must pay for one-half the fence erected on his line. Similar provisions for the maintenance of division fences exist in New York ; whenever a division fence has been injured by flood or other casualty, each party interested is required to replace or repair his proportion within ten days after notification. When elect ors in any town have made rules or regulations prescribing what shall be deemed a sufficient fence, persons neglecting to comply are pre cluded from recovering compensation for dam ages done by stock lawfully going at large on the highways, that may enter on their lands. The sufficiency of a fence is presumed until the contrary is established; assessors and commis sioners of highways perform the duties of fence viewers. In Pennsylvania towns and counties secure special legislation as to the running of stock or other cattle at large. Fences in New Jersey are required to be four feet two inches in height, if of posts and rails, timber, boards, brick or stone ; other fences must be four and a half feet, and close and strong enough to prevent horses and neat cattle from going through or under. Partition fences must be proof against sheep. Ditches and drains made in or through salt marshes and meadows for fencing and drain ing the same, being five feet wide and three feet deep, and all ditches or drains made in or through other meadows being nine feet wide at the sur face and four and a half feet wide at the bottom, three feet deep, and lying on, mud or miry bot tom, are considered lawful fences. Division fences must be equally maintained. If one party ceases improving he can not take away his fence without first having given twelve months' notice. Hedge-growing is encourged by law. In Delaware, a good structure of wood or stone, or well-set thorn, four and a half feet high, or four feet with a ditch within two feet, is a lawful fence; in Sussex county four feet is the height required. Fence-viewers are appointed by the Court of General Sessions in each "hun dred." Partition fences are provided for as in other States. There is no general law in Mary land regulating fences, the law being local and applicable to particular counties. In Virginia a lawful fence is five feet in height, including the mound to the bottom of the ditch, if the fence is built on a mound. Certain water courses are specified as equivalent to fences. Four feet is the height of a legal fence in West Virginia, and five feet in North Carolina. In the latter State persons neglecting to keep their fences in order during the season of crops are deemed guilty of misdemeanor, and are also liable to damages. Certain rivers are declared sufficient fences. In South Carolina fences are required to be six feet high around provisions. All fences strongly and closely made of rails, boards, or post and rails, or of an embankment of earth capped with rails, or timber of any sort, or live hedges five feet in height, measured from the level or surfaces of the earth, are deemed lawful; and every planter is bound to keep such lawf41 fence around his cultivated grounds, except where a navigable stream or deep water-course may be a boundary. No stakes or canes that might injure horses or cattle are allowed in an inclo sure. The laws of Georgia provide that all fences, or inclosures commonly called worm fences, shall be five feet high, and from the ground to the height of three feet the rails must not be more than four inches apart. All paling fences are required to be five feet from the ground, and the poles not more than two inches apart. Any inclosure made by means of a ditch or trench must be three feet wide and two feet deep, and if made of both fence and ditch, the latter must be four feet wide and the fence five feet high from the bottom of the ditch. All water-courses that are or have been navigable are deemed legal fences as far up the stream as navigation has ever extended, whenever, by reason of freshets or otherwise, fences can not be kept, and are subject to the rules applicable to other fences. The fences in Florida are required to be five feet in height, but where there is a ditch four feet wide the five feet may be measured from the bottom of the ditch. If the fence is not strictly according to law, no action for trespass or damages by stock, will lie. In Alabama all inclosures and fences must be at least five feet high, and, if made of rails, he well staked and ridered, or otherwise sufficiently locked; and from the ground to the height of three feet the rails must be not more than four inches apart: if made of palings, the poles must be not more than three inches apart; or if made with a ditch, four feet wide at the top; the fence, of whatever material composed, must be five feet high from the bottom of the ditch and three feet from the top of the bank, and close enough to prevent stock of any kind from getting through. No suit for damages can be main tained if the fence is not a legal one. For placing in an enclosure any stakes, poles, poison, or anything which may kill or injure stock, a penalty of 00 is provided. Partition fences must be equally maintained. Fences in Missis sippi are required to be five feet high, substan tially and closely built with plank, pickets, hedges, or other substantial materials, or by rais ing the ground into a ridge two and a half feet high, and erecting thereon a fence of common rails or other material two and a half feet in height. Owners of adjoining lands, or lessees thereof for more than two years. are required to contribute equally to the erection of fences, if the lands are in cultivation or used for pasturing. No owner is bound to contribute to the erection of a dividing fence when preparing to erect a fence of his own, and to leave a lane on his own land between himself and the adjoining owner; but the failure to erect such fence for sixty days. is deemed an abandonment of intention to do so, and determination to adopt the fence already built. In Texas every gardener, farmer, or planter is required to maintain a fence around his cultivated lands at least five feet high and sufficiently close to prevent hogs from passing through it, not leaving a space of more than six inches in any one place within three feet of the ground. Fences in Arkansas must be five feet high. In all disputed cases the sufficiency of a fence is to be determined by three disinterested householders, appointed by a justice of the peace. Division fences are provided for as in the majority of the other States. In every planter is required to make a fence around his cultivated land at least five feet high. When any trespass occurs a justice of the peace will appoint two freeholders to view the fence as to its sufficiency, and to ascertain damages. If a person, whose fence is insufficient, should injure any animal which may come upon his. lands, he is responsible in damages. In case of dispute between parties as to a division fence, a justice of the peace will appoint three disinter ested freeholders to determine the portion to be maintained by each. No owner, whose fence is. exclusively on his own land, can be compelled to allow his neighbor to join it. In Kentucky all sound and strong fences of rails, plank, or iron, five feet high, and so close that cattle or other stock can not creep through, or made of stone or brick four and a half feet high, are deemed legal fences. Division fences can not be removed without consent of the party on adjoining land, except between November 1 and March 1 in any year, six months' notice having been given. In Missouri all fields must
be inclosed by hedge or fence. Hedges must be five feet high; fences of posts and rails, posts. and palings, posts and plank, or palisades, four and a half feet; turf, four feet, with trenches on either side three feet wide at top and three feet deep ; worm fence at least five feet high to top of rider, or. if not ridered, five feet to top rail, and corner locked with strong rails, poles, or stakes. Double damage may he recovered from any person maiming or killing animals within his inclosure if adjudged insufficient. In Illinois fences must be five feet. [But coun ties may legislate to have no fences if they choose.—Ed.] The laws regulating division fences are similar to those of the New England States. In cases of dispute three disinterested householders decide as to the sufficiency of any fence. Proprietors of commons may make their own regulations. Line fences are pro tected on public highways. In Indiana any structure or hedge, or ditch, in the nature of a fence, used for purposes of inclosure, which shall, on the testimony of skillful men, appear to be sufficient, is a lawful fence. The laws of Ohio provide that whenever a fence is erected by any person on the line of his land, and the person owning the land adjoining shall make an inclosure on the opposite side, the latter shall pay one-half the value of the fence as far as it answers the purpose of a division fence, to be adjudged by the township trustees. A legal fence in Wisconsin is four and a half feet high if of rails, timber, boards, or stone walls or their combinations, or other things which shall be deemed equivalent thereto in the judgment of the fence-viewers. While adjoining parties cul tivate lands they must keep up fences in equal shares; double value of building or repairing may be recovered from delinquents. The law regulating division fences is similar in most par ticulars to those of the New England States and Illinois. Overseers of highways perform the •duties of fence-viewers. Fences in Michigan must be four and a half feet high, and in good repair; consisting of rails, timber, boards, or stone walls, or any combination of these mate rials. Rivers, brooks, ponds, ditches, hedges, etc., deemed by the fence-viewers equivalent to a fence, are held to be legal inclosures. No •damages for trespass are recoverable if the fence is not of the required height. Partition fences must be equally maintained as long as parties improve their lands. When lands owned in severalty have been occupied in common, any occupants may have lands divided. Fences extending into the water must be made in equal shares, unless otherwise agreed by parties inter ested. If any person determines not to improve any portion of his lands adjoining a partition fence, he must give six months' notice to all the adjoining occupants, after which he will not be required to keep up any part of the fence. Over seers of highways act as fence-viewers. In Min nesota four and a half feet is the legal height. Partition fences are to be kept in good repair in •equal shares. In case of neglect, complaint may be made by the aggrieved party to the town supervisors, who will proceed to examine the matter, and if they determine that the fence is insufficient, notice will be given to the delin quent occupant of land; and if he fails to build or repair within a reasonable time, the complain ant may build or repair, and may recover double the expense, with interest at the rate of one per cent. per month, in a civil action. No part of a division fence can be removed if the owner or occupant of adjoining land will, within two months, pay the appraised value. When any, uninclosed grounds are afterward inclosed, the owner or occupant is required to pay for one-half of each partition fence; the value thereof to be determined by a majority of the town supervisors. If a party to a division fence discontinues the improvement of his land, and gives six months' notice thereof to the occu pants of adjoining lands, he is not required to keep up any part of such fence during the time his lands are unimproved, and he may remove his portion if the adjoining owner or occupant will not pay therefor. County commissioners are the fence-viewers in counties not divided into towns. A legal fence in Iowa is four and a half feet high, constructed of strong materials, put up in a good, substantial manner. In all counties where, by a vote of the legal voters, or by an act of the general assembly, it is deter mined that hogs and sheep shall not run at large, a fence made of three rails of good, sub stantial material, or three boards not less than six inches wide and three-fourths of an inch thick, such rails or boards to be fastened in or to good, substantial posts, not more than ten feet apart where rails are used; or any other fence which, in the opinion of the fence-viewers, shall be equivalent thereto, is deemed a lawful fence, provided that the lowest or bottom rail shall not be more than twenty nor less than six teen inches from the ground, and that the fence shall be fifty-four inches in height. The respec tive owners of inclosed lands must keep up fences equally as long as they improve. In case of neglect to repair or rebuild, the adjoining owner may do so, and the work being adjudged sufficient by the fence-viewers, and the value determined, the complainant may recover the amount, with interest at the rate of one per cent. per month. If an owner desires to throw his field open, he shall give the adjoining parties six months' notice, or such shorter notice as may be directed by the fence-viewers. In Kan sas fences may be of posts and rails, posts and palings,• or posts and planks, at least four and a half feet high; of turf, four feet, and staked and ridered, with a ditch on either side at least three feet wide at top and three feet deep; a worm fence must be at least four feet and a half high to top of rider, or if not ridered, four and a half feet high to top rail, the corners to be locked with strong rails, posts, or stakes. The bottom rail, board or plank in any fence must not be more than two feet from the ground in any township, and in those townships where hogs are not prohibited from running at large it must not be more than six inches from the ground. All such fences must be substantially built and sufficiently close to prevent stock from going through. Stone fences are required to be four feet high, eighteen inches wide at the bot tom, and twelve at the top. All hedges must be of sufficient height and thickness to protect the field or inclosure. A wire fence must con sist of posts of ordinary size for fencing pur poses, set in the ground at least two feet deep and not more than twelve feet apart, with holes through posts, or staples on the side, not more than fifteen inches apart, and four separate lines of fence wire, not smaller than No. 9, to be provided with rollers and levers at suitable dis tances, to strain and hold the wires straight and firm. Owners of adjoining lands must maintain fences equally. In case of neglect of one party to build or repair, another party may do so and recover the amount expended, with interest at the rate of one per cent. per month. A person not improving his land is not required to keep up any portion of a division fence. The trustee, clerk, and treasurer in each township act as fence-viewers, to adjust all disputes concerning fences. A legal fence in Nebraska is described as any structure, or hedge, or ditch in the nature of a fence, used for the purpose of enclosure, which is such as good hushandmen generally keep. Division fences must be equally main tained. A party may remove his portion of division fence by giving sixty days' notice. If removed without such notice the party so doing is liable for full damages. Where a fence is injured or destroyed by fire or flood it must be repaired within ten days after notice by interested persons. Justices of the peace are ex officio fence-viewers. Legal fences in California are described with great particularity. Wire fences must consist of posts not less than twelve inches in circumference, set in the ground not less than eighteen inches, and not less than eight feet apart, with not less than three horizontal wires, each one-fourth of an inch in diameter, the first to be eighteen inches from the ground, the other two above of one foot, all well stretched and securely fastened from post to post, with one rail, slat, pole, or plank, of suitable size and strength, securely fastened to the post, not less than four and a half feet' from the ground. Post and rail fence must be made with posts of the same size and at the same distances apart and the same depth in the ground as above required, with three rails, slats, or planks of suitable size and strength, the top one to be four and a half feet from the ground, the other two at equal distances between the first and the ground, all securely fastened to the post. Picket fences must be of the same height as above, made of pickets not less than six inches in cir cumference, placed not more than six inches apart, driven in the ground not less than ten inches, all well secured at the top by slats or caps. Ditch and pole fence—the ditch must not be less than four feet wide on the top and three feet deep, with embankment thrown up inside of ditch, with substantial posts set in the embank ment not more than eight feet apart, and a plank, pole, rail, or slat securely fastened to posts at least five feet high from the bottom of the ditch. Pole fence must be four and a half feet high, with stakes not less than three inches in diameter, set in the ground not less than eighteen inches, and when the stakes are placed seven feet apart there must not be less than six horizontal poles well secured to the stakes; if the stakes are six feet apart, five poles; if three or four feet, four poles; two feet apart three poles, and the stakes need not be less than two inches in diameter; if one foot apart, one pole, and the stakes need not be more than two inches in diameter. The above is a lawful fence so long as the stakes and poles are securely fastened and in a fair state of preservation. Hedge fence is considered lawful when by reliable evidence it shall be proved equal in strength and as well suited to the protection of inclosed lands as the other fences described. Brush fence must be four and a half feet high and at least twelve inches wide, with stakes not less than two inches in diameter, set in the ground not less than eighteen inches, and on each side, every eight feet, tied together at the top, with horizontal pole tied to the outside stake five feet from the ground. In the case of partition fences, if one party refuse or neglect to build or maintain his share the other may do so and recover the value. Three days' notice to repair is sufficient. The sufficiency of a fence is to be determined by three disinterested householders.