AN ACT to revise the law in relation to fences. [Approved March 21, 1874. In force July 1, 1874.]

1. Fence viewers. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in counties under township organization the town assessor and commissioners of highways shall be ex officio fence viewers in their respective towns. In counties not under township organization the county board, at their annual meeting in December, shall appoint three fence viewers in each precinct, who shall hold their office for one year, and until their successors are appointed. [L. 1861, p. 221, 4; L. 1857, p. 160, § 14.

2. What lawful fence. § 2. Fences four and one-half feet high, and in good repair, consisting of rails, timber, boards, stone, hedges, barb wire, or whatever the fence viewers of the town or precinct where the same shall lie shall consider equivalent thereto, shall be deemed legal and sufficient fences: Provided, that in counties under township organization the electors at any annual town meeting may determine what shall constitute a legal fence in the town, and in counties not under township organization the power to regulate the height of fences shall be vested in the county board. [As amended May 4, 1887. L. 1887, p. 188. [R. S. 1845, p. 280, § 14; Scott v. Buck, 85 Ill. 334.

3. Division fence. § 3. Where two or more persons shall have lands adjoining, each of them shall make and maintain a just proportion of the division fence between them, except the owner of either of the adjoining lands shall choose to let such land lie open: Provided, that where owners of adjoining lands, by mutual agreement, have heretofore built, or may hereafter build their respective portions of a partition fence, it shall not be lawful for either to remove his part of said fence, so long as he may crop or use such land for farm purposes, or without giving the other party one year's notice, in writing, of his intention to move his portion of the fence.

[L. 1857, p. 159, § 1; Ozburn v. Adams, 70 Ill. 291; Scott v. Buck, 85 Ill. 334; D'Arcy v. Miller, 86 Ill. 102; McNally v. O'Brien, 88 Ill. 237.

4. When any

4. When lands inclosed-contribution. person shall have chosen to let his land lie open, if he shall afterward inclose the same, or if any owner of land adjoining upon the inclosure of another shall inclose the same upon the inclosure of another, he shall refund to the owner of the adjoining lands a just proportion of the value at that time of any division fence that shall have been made by such adjoining owner, if the same shall be a ditch or hedge, and if the same be not a ditch or hedge, he shall immediately build his proportion of such division fence, or refund to said adjoining owner a just proportion of the value at that time of such fence.

[L. 1857, p. 159, § 2; Hale v. Andrews, 75 Ill. 252.

5. Value of fence, etc., ascertained. 5. The value of such fence, and the proportion thereof to be paid by such person, [*528] and the proportion of the division fence to be made and maintained by him, in case of his inclosing his land, shall be determined by two fence viewers of the town, in counties under township organization, and in other counties by any two fence viewers of the precinct. [L. 1857, P. 159, $3.

6. Neglect to repair and rebuild. § 6. If any person neglect to repair or rebuild a division fence, or portion thereof, which he ought to maintain, any two fence viewers of the town or precinct, as the case may be, shall, on complaint by the party aggrieved, after giving due notice to each party, examine such fence, and if they deem the same to be insufficient, they shall so notify the delinquent party, and direct him to repair or rebuild the same within such time as they may deem reasonable.

[Thompson v. Bulson, 78 Ill. 277

7. Disputes settled. § 7. If disputes arise between the owners of adjoining lands, concerning the proportion of fence to be made or maintained by either of them, such dispute shall be settled by any two of the fence viewers of the town or precinct, as the case may be, and in such cases it shall be the duty of the two fence viewers to distinctly mark and define the proportion of the fence to be made or maintained by each.

[L. 1857, p. 159, § 4; Hale v. Andrews, 75 Ill. 252.

8. Choice of viewers-notice. § 8. When any of the above mentioned matters shall be submitted to fence viewers, each party shall choose one; and if either neglect, after eight days' notice in writing, to make such choice, the other party may select both. And for all purposes of notice under this act, it shall be sufficient to notify the tenant or person in possession of said adjoining premises, when the owner thereof is not a resident of the town in which such fences are situated. [L. 1857, p. 159, § 5; Thompson v. Bulson, 78 III. 277.

9. Viewing fence - disagreement. 9. The two fence viewers so chosen shall examine the premises, and hear the allegations of the parties. In case of their disagreement, they shall select another fence viewer to act with them; and the decision of any two of them shai.

be final upon the parties to such dispute, and upon all parties holding under them. [L. 1857, p. 159, $6.

10. Decision. § 10. The decision of the fence viewers shall be reduced to writing; shall contain a description of the fence, and of the proportion to be maintained by each, and their decision upon any other point in dispute between the parties, submitted to them as aforesaid; and shall be forthwith filed in the office of the town clerk, or in the office of the county clerk in counties which shall not have adopted township organizations. [L. 1857, p. 159, $7.

11. Neglect-damages. § 11. If any person who is liable to contribute to the erection or reparation of a division fence shall neglect or refuse to make or repair his proportion of such fence, the party injured, after giving sixty days' notice, in writing, that a new fence should be erected, or ten days' notice, in writing, that the reparation of such fence is necessary, may make or repair the same at the expense of the party so neglecting or refusing, to be recovered from him, with costs of suit; and the party so neglecting or refusing, after notice in writing, shall be liable to the party injured for all damages which shall thereby accrue, to be determined by any two fence viewers selected as above provided; and the fence viewers shall reduce their appraisement of damages to writing, and sign the same.

[L. 1857, p. 160, § 8; Ketchum v. Stolp, 15 Ill. 342.

12. Making and repairing fences destroyed. $ 12. Whenever a division fence shall be injured or destroyed by fire, floods, or other casualty, the person bound to make and repair such fence, or any part thereof, shall make or repair the same, or his just proportion thereof, within ten days after he shall be thereto required by any person interested therein-such requisition to be in writing, and signed by the party making the same. [L. 1857, p. 160, § II.

13. Refusing to make or repair. § 13. If such person shall neglect or refuse to make or repair his proportion of such fence for a period of ten days after such request, the party injured may make or repair the same at the expense of the party so refusing or neglecting, to be recovered with costs of suit. [L. 1857, p. 160, § 12.

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14. Removal of division fence. § 14. If any person is disposed to remove a division fence, or part thereof, owned by him, and suffer his lands to lie open, after having first given the adjoining owner one year's notice, in writing, of his intention so to do, he may, at any time thereafter, remove the same, unless such adjoining owner shall previously cause the value of said fence to be ascertained by fence viewers, selected as hereinbefore provided, and pay or tender the same to such person.

[L. 1857, p. 160, § 9; McCormick v. Tate, 20 Ill. 337; Buckmaster y. Cool, 12 Ill. 76.

15. Removal without notice. § 15. If any such fence shall be removed without such notice, the party removing the same shall pay to the party injured all such damages as he may thereby sustain, to be recovered with costs of suit. [L. 1857, p. 160, § 10.

4. When lands inclosed-contribu person shall have chosen to let his land lie or close the same, or if any owner of land adjo another shall inclose the same upon the i refund to the owner of the adjoining landat that time of any division fence that sh joining owner, if the same shall be a di not a ditch or hedge, he shall immedi division fence, or refund to said adjo value at that time of such fence. [L. 1857, p. 159, § 2; Hale v. Andrews, 5. Value of fence, etc.. fence, and the propor and the proportion tained by him, in case of his two fence viewers of the t and in other counties by P. 159, $ 3.

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6. Neglect to re to repair or rebuild a to maintain, any two may be, shall, on notice to each par be insufficient,

to repair or rel able.

sant -rescue. § 21. If any such animal or Cs, & surrounded by a fence of the height 2 x shall be wrongfully upon the accepter of such inclosure or premises amor animals trespassing, and keep ↑ Kasonable charges for keeping and feed2 be recovered in any court of compeset who shall take or rescue any such ssession of the taker-up without his contess than three nor more than five 29, Max & rescued, to be recovered on com. Peace of the county where such offense

the use of the school fund of the proper county: nty-four hours after taking such animal into his otice to the owner thereof, if known, or if unat some public place near the premises.

FENCES.

public highways in this State. [Approved 1, 1883. L. 1883, p. 99.

enacted by the Poople of the State

bly, That the owner or owners any public highway in this State, uch hedge shall have attained the age of

such hedge fence to a height not to exceed

cast, once in every two years thereafter, cut back tence, so that the same shall not exceed the height of

At such public highway shall not be obstructed or impaired ess or convenience, nor the public health be injured or jeopby such hedge fence: Provided, that the provisions of this section all not apply to any hedge protecting either an orchard or building; Provided, further, that upon application by the owner of any hedge fence along any highway, to the commissioners of highways of the town where situated, in counties under township organization, or to the supervisors of highways in the road district where situated in counties not under township organization; said commissioners of highways or supervisors of highways, as the case may be, shall permit said owner to grow a hedge fence, not to exceed one-fourth of the total length of hedge fence along the highway on each farm of said owner, to any height desired by said owner as a windbreak for stock

*23. Owner not complying with act - penalty. § 2. If the owner or owners of any such hedge fence shall fail or refuse to comply with the provisions of this act, on or before the fifteenth day of May in the year that said hedge should be cut, the said owner or owners shall be subject to a fine not less than ten dollars nor more than fifty dollars, in each and every year failing to comply with the provisions of this act. Said fine may be recovered, with cost of suit against the owner or owners of such hedge fence, before any justice of the peace, or other court of competent jurisdiction of the county in which such hedge is situated, by suit in the name of the commissioners of highways of the township in the counties under township organization, or supervisors of highways of