Pg 299

         An unbroken animal shall not be taken up as an estray between May 1st and November 1st, of each year, unless the same be found within the lawful enclosure of a householder, who alone can take up such animal, unless some other person gives him notice of the fact of such animal coming on his place; and if he fails, within five days thereafter, to take up such estray, any other householder of the township may take up such estray and proceed with it as if taken on his own premises, provided he shall prove to the Justice of the Peace such notice, and shall make affidavit where such estray was taken up.

         Any swine, sheep, goat, horse, neat cattle or other animal distrained (for damage done to one’s enclosure), when the owner is not known, shall be treated as an estray.

         Within five days after taking up an estray, notice, containing a full description thereof, shall be posted up in three of the most public places in the township; and in ten days, the person taking up such estray shall go before a Justice of the Peace in the township and make oath as to where such estray was taken up, and that the marks or brands have not been altered, to his knowledge. The estray shall then be appraised, by order of the Justice, and the appraisement, description of the size, age, color, sex, marks and brands of the stray shall be entered by the Justice in a book kept for that purpose, and he shall, within ten days thereafter, send a certified copy thereof to the County Auditor.

         When the appraised value of an estray does not exceed five dollars, the Justice need not proceed further than to enter the description of the estray on his book, and if no owner appears within six months, the property shall rest in the finder, if he has complied with the law and paid all costs.

         Where appraised value of estray exceeds five and is less than ten dollars, if no owner appears in nine months, the finder has the property, if he has complied with the law and paid costs.

         An estray, legally taken up, may be used or worked with care and moderation.

         If any person unlawfully take up an estray, or take up an estray and fail to comply with the law regarding estrays, or use or work it contrary to above, or work it before having it appraised, or keep such estray out of the county more than five days at one time, before acquiring ownership, such offender shall forfeit to the county twenty dollars, and the owner may recover double damages with costs.

         If the owner of any estray fail to claim and prove his title for one year after the taking up, and the finder shall have complied with the law, a complete title rests in the finder.

Pg 300

         But if the owner appear within eighteen months from the taking up, prove his ownership and pay all costs and expenses, the finder shall pay him the appraised value of such estray, or may, at his option, deliver up the estray.

WOLF SCALPS.

         A bounty of one dollar is paid for wolf scalps.

MARKS AND BRANDS.

         Any person may adopt his own mark or brand for his domestic animals, and have a description thereof recorded by the Township Clerk.

         No person shall adopt the recorded mark or brand of any other person residing in his township.

DAMAGES FROM TRESPASS.

         When any person’s lands are enclosed by a lawful fence, the owner of any domestic animal injuring said lands is liable for the damages, and the damages may be recovered by suit against the owner, or may be made by distraining the animals doing the damage; and if the party injured elects to recover by action against the owner, no appraisement need be made by the Trustees, as in case of distraint.

         When trespassing animals are distrained within twenty-four hours, Sunday not included, the party injured shall notify the owner of said animals, if known; and if the owner fails to satisfy the party within twenty-four hours thereafter, the party shall have the township Trustees assess the damage, and notice shall be posted up in three conspicuous places in the township, that the stock, or part thereof, shall on the tenth day after posting the notice, between the hours of 1 and 3 P.M., be sold to the highest bidder, to satisfy said damages, with costs.

         Appeal lies, within twenty days, from the action of the Trustees to the Circuit Court.

         Where stock is restrained, by police regulations or by law, from running at large, any person injured in his improved or cultivated lands by any domestic animal, may, be action against the owner of such animal, or by distraining such animal, recover his damages, whether the lands whereon the injury was done were inclosed by a lawful fence or not.

FENCES.

         A lawful fence is fifty-four inches high, made of rails, wire or boards, with posts not more than ten feet apart where rails are used, and eight feet where boards are used, substantially built and kept in good repair; or any other fence which, in the opinion of the Fence Viewers, shall be declared a lawful fence—provided the lower rail, wire or board be not more that twenty nor less than sixteen inches from the ground.

         The respective owners of lands enclosed with fences shall maintain partition fences between their own and next adjoining enclosure so long as they improve them in equal shares, unless otherwise agreed between them.

         If any party neglect to maintain such partition fence as he should maintain, the Fence Viewers (the township Trustees), upon complaint of aggrieved party, may, upon the notice to both parties, examine the fence, and, if found insuf- . . .

Pg 301

. . ficient, notify the delinquent party, in writing, to repair or re-build the same within such time as they judge reasonable.

         If the fence be not repaired or rebuilt accordingly, the complainant may do so, and the same being adjudged sufficient by the Fence Viewers, and the value thereof, with their fees, being ascertained and certified under their hands, the complainant may demand of the delinquent the sum so ascertained, and if the same be not paid in one month after demand, may recover it with one per cent a month interest, by action.

         In case of disputes, the Fence Viewers may decide as to who shall erect or maintain partition fences, and in what time the same shall be done; and in case any party neglect to maintain or erect such part as may be assigned to him, the aggrieved party may erect and maintain the same, and recover double damages.

         No person, not wishing his land inclosed, and not using it otherwise than in common, shall be compelled to maintain any partition fence; but when he uses or incloses his land otherwise than in common, he shall contribute to the partition fences.

         Where parties have had their lands inclosed in common, and one of the owners desires to occupy his separate and apart from the other, and the other refuses to divide the line or build a sufficient fence on the line when divided, the Fence Viewers may divide and assign, and upon neglect of the other to build as ordered by the Viewers, the one may build the other’s part and recover as above.

         And when one incloses land which has lain unenclosed, he must pay for one-half of each partition fence between himself and his neighbors.

         Where one desires to lay not less than twenty feet of his land, adjoining his neighbor, out to the public to be used in common, he must give his neighbor six months’ notice thereof.

         Where a fence has been built on the land of another through mistake, the owner may enter upon such premises and remove his fence and material within six months after the division line has been ascertained. Where the material to build such a fence has been taken from the land on which it was built, then, before it can be removed, the person claiming must first pay for such material to the owner of the land from which it was taken, nor shall such a fence be removed at a time when the removal will throw open or expose the crops of the other party; a reasonable time must be given beyond the six months to remove crops.