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The children shall first be called on to support their parents, if they are able; but if not, the parents of such poor person shall then be called on, if of sufficient ability ; and if there be no parents or children able, then the brothers and sisters of such dependent person shall be called upon; and if there be no brothers or sisters of sufficient ability, the grand-children of such person shall next be called on; and if they are not able, then the grand-parents. Married females, while their husbands live, shall not be liable to contribute for the support of their poor relations except out of their separate property. It is the duty of the state's (county) attorney, to make complaint to the County Court of his county against all the relatives of such paupers in this state liable to his support and prosecute the same. In case the state's attorney neglects, or refuses, to complain in such cases, then it is the duty of the overseer of the poor to

The person called upon to contribute shall have at least ten days' notice of such application by summons.

The court has the power to determine the kind of support, depending upon the circumstances of the parties, and may also order two or more of the different degrees to maintain such poor person, and prescribe the proportion of each, according to their ability. The court may specify the time for which the relative shall contribute in fact has control over the entire subject matter, with power to enforce its orders. Every county (except those in which the poor are supported by the towns, and in such cases the towns are liable) is required to relieve and support all poor and indigent persons lawfully resident therein. Residence means the actual residence of the party, or the place where he was employed; or in case he was in no employment, then it shall be the place where he made his home. When any person becomes chargeable as a pauper in any county or town who did not reside at the commencement of six months immediately preceding his becoming so, but did at that time reside in some other county or town in this state, then the county or town, as the case may be, becomes liable for the expense of taking care of such person until removed, and it is the duty of the overseer to notify the proper authorities of the fact. If any person shall bring and leave any pauper in any county in this state where such pauper had no legal residence, knowing him to be such, he is liable to a fine of $100. In counties under township organization, the supervisors in each town are ex-officio overseers of the poor. The overseers of the poor act under the directions of the County Board in taking care of the poor and granting of temporary relief; also, providing for non-resident persons not paupers who may be taken sick and not able to pay their way, and in case of death cause such person to be decently buried.

The residence of the inmates of poorhouses and other charitable institutions for voting purposes is their former place of abode.


In counties under township organization, the town as8e88or and commissioner of highways are the fence-viewers in their respective towns. In other counties the County Board appoints three in each precinct annually. A lawful fence is four and one-half feet high, in good repair, consisting of rails, timber, boards, stone, hedges, or whatever the fenceviewers of the town or precinct where the same shall lie, shall consider equivalent thereto, but in counties under township organization the annual town meeting may establish any other kind of fence as such, or the County Board in other counties may do the same. Division fences shall be made and maintained in just proportion by the adjoining owners, except when the owner shall choose to let his land lie open, but after a division fence is built by agreement or otherwise, neither party can remove his part of such 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 remove his portion. When any person shall enclose his land upon the enclosure of another, he shall refund the owner of the adjoining lands a just proportion of the value at that time of such fence. The value of fence and the just proportion to be paid or built and maintained by each is to be ascertained by two fence-viewers in the town or precinct. Such fenceviewers have power to settle all disputes between different to fences built or to be built, as well as to repairs to be made. Each party chooses one of the viewers, but if the other party neglects, after eight days' notice in writing, to make his choice, then the other party may select both. It is sufficient to notify the tenant or party in possession, when the owner is not a resident of the town or precinct. The two fence-viewers chosen, after viewing the premises, shall hear the statements of the parties, in case they can't agree, they shall select another fence-viewer to act with them, and the decision of any two of them is final. The decision must be reduced to writing, and should plainly set out description of fence and all matters settled by them, and must be filed in the office of the town clerk in counties under township organization, and in other counties with the county clerk.

Where any person is liable to contribute to the erection or the repairing of a division fence, neglects or refuses so to do, the party injured, after giving sixty days notice in writing when a fence is to be erected, or ten days when it is only repairs, may proceed to have the work done at the expense of the party whose duty it is to do it, to be l'ecovered from him with costs of suit, and the party so neglecting shall also be liable to the party injured for all damages accruing from such neglect or refusal, to be determined by any two fence-viewers selected as before provided, the appraisement to be reduced to writing and signed. Where a person shall conclude to remove his part of a division fence, and let his land lie open, and having given the year's notice required, the adjoining owner may cause the value of said fence to be ascertained by fence-viewers as before provided, and on payment or tender of the amount of such valuation to the owner, it shall prevent the removal. A party removing a division fence without notice is liable for the damages accruing thereby.

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.

The compensation of fence-viewers is one dollar and fifty cents a day each, to be paid in the first instance by the party calling them, but in the end all expenses, including amount charged by the fence-viewers, must be paid equally by the parties, except in cases where a party neglects or refuses to make or maintain a just proportion of a division fence, when the party in default shall pay them.

DAMAGES FROM TRESPASS. Where stock of any kind breaks into any person's enclosure, the fence being good and sufficient, the owner is liable for the damage done; but where the damage is done by stock running at large, contrary to law, the owner is liable where there is not such a fence. Where stock is found trespassing on the enclosure of another as aforesaid, the owner or occupier of the premises may take possession of such stock and keep the same until damages, with reasonable charges for keeping and feeding and all costs of suit, are paid. Any person taking or rescuing such stock so held without his consent, shall be liable to a fine of not less than three nor more than five dollars for tach animal rescued, to be recovered by suit before a justice of the peace for the use of the school fund. Within twenty-four hours after taking such animal into his possession, the person taking it up must give notice of the fact to the owner, if known, or if unknown, notices must be posted in some public place near the premises.

LANDLORD AND TENANT. The owner of lands, or his legal representatives, can sue for and recover rent therefor, in any of the following cases : First. When rent is due and in arrears on a lease for life or lives.

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Second. When lands are held and occupied by any person without any special agreement for rent.

Third. When possession is obtained under an agreement, written or verbal, for the purchase of the premises and before deed given, the right to possession is terminated by forfeiture on con-compliance with the agreement, and possession is wrongfully refused or neglected to be giver upon demand made in writing by the party entitled thereto. Provided that all payments made by the vendee or his representatives or assigns, may be set off against the rent.

Fourth. When land has been sold upon a judgment or a decree of court, when the party to such judgment or decree, or person holding under him, wrongfully refuses, or neglects, to surrender possession of the same, after demand in writing by the person entitled to the possession.

Fifth. When the lands have been sold upon a mortgage or trust deed, and the mortgagor or grantor or person holding under him, wrongfully refuses or neglects to surrender possession of the same, after demand in writing by the person entitled to the possession.

If any tenant, or any person who shall come into possession from or under or by collusion with such tenant, shall willfully hold over any lands, etc., after the expiration the term of their lease, and after demand made in writing for the possession thereof, is liable to pay double rent. A tenancy from year to year requires sixty days notice in writing, to terminate the same at the end of the year; such notice can be given at any time within four months preceding the last sixty days of the year.

A tenancy by the month, or less than a year, where the tenant holds over without any special agreement, the landlord may terminate the tenancy, by thirty days notice in writing.

When rent is due, the landlord may serve a notice upon the tenant, stating that unless the rent is paid within not less than five days, his lease will be terminated; if the rent is not paid, the landlord may consider the lease ended. When default is made in any of the terms of a lease, it shall not be necessary to give more than ten days notice to quit or of the termination of such tenancy; and the same may be terminated on giving such notice to quit, at any time after such default in any of the terms of such lease ; which notice may be substantially in the following form, viz:

To —You are hereby notified that, in consequence of your default in (here insert the character of the default), of the premises now occupied by you, being etc. (here describe the premises), I have elected to determine your lease, and you are hereby notified to quit and deliver up possession of the same to me within ten days of this date (dated, etc.)

The above to be signed by the lessor or his agent, and no other notice or demand of possession or termination of such tenancy is necessary.

Demand may be made, or notice served, by delivering a written or

ponted, or partly either, copy thereof to the tenant, or leaving the same with some person above the age of twelve years residing on or in possession of the premises; and in case no one is in the actual possession of the said premises, then by posting the same on the premises. When the tenancy is for a certain time, and the term expires by the terms of the lease, the tenant is then bound to surrender possession, and no notice to quit or demand of possession is necessary.

Distress for rent.In all cases of distress for rent, the landlord, by himself, his agent or attorney, may seize for rent any personal property of his tenant that may be found in the county where the tenant resides; the property of any other person, even if found on the premises, is not liable.

An inventory of the property levied upon, with a statement of the amount of rent claimed, should be at once filed with some justice of the peace, if not over $200; and if above that sum, with the clerk of a court of record of competent jurisdiction. Property may be released, by the party executing a satisfactory bond for double the amount.

The landlord may distrain for rent, any time within six months after the expiration of the term of the lease, or when terminated.

In all cases where the premises rented shall be sub-let, or the lease assigned, the landlord shall have the same right to enforce lien against such lessee or assignee, that he has against the tenant to whom the premises were rented.

When a tenant abandons or removes from the premises or any part thereof, the landlord, or his agent or attorney, may seize upon any grain or other crops grown or growing upon the premises, or part thereof so abandoned, whether the rent is due or not. If such grain, or other crops, or any part thereof, is not fully grown or matured, the landlord, or his agent or attorney, shall cause the same to be properly cultivated, harvested or gathered, and may sell the same, and from the proceeds pay all his labor, expenses and rent. The tenant may, before the sale of such property, redeem the same by tendering the rent and reasonable compensation for work done, or he may replevy the same.

Exemption.—The same articles of personal property which are by law exempt from execution, except the crops as above stated, is also exempt from distress for rent.

If any tenant is about to or shall permit or attempt to sell and remove from the premises, without the consent of his landlord, such portion of the crops raised thereon as will endanger the lien of the landlord

crops, for the rent, it shall be lawful for the landlord to distress before rent is due.

upon such

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