causes of obstruction herein specified, who may refuse or fail to remove such obstruction or nuisance, when ordered to do so by the president of such society, shall be liable to a fine of not less than five and not more than twenty dollars for every such offense. [Id., § 18.]

EXPERIMENTAL STATIONS.

351 SEC. 21. [Establishment-Management.] That for the furtherance and promotion of the agricultural and horticultural interests of this state, two (2) experimental stations shall be established, one at or near Culbertson, Hitchcock county, Nebraska, and one at or near Ogalalla, Keith county, Nebraska, which stations shall be under the control and management of the state board of agriculture. [1891, § 1, chap. 4.]

352 SEC. 22. [Same-Sites-Improvements.] The state board of agriculture is hereby authorized and empowered to select the necessary lands and to secure the same, either by lease or purchase, as in their judgment appears advisable, and to make all necessary improvements in the way of buildings, fences, etc., and to take all such steps as they deem necessary to successfully establish such stations. [Id., § 2.]

353 SEC. 23. [Control-Officers-Trustees.] The state board of agriculture shall have the control and supervision of said stations. They shall appoint skillful superintendents and such other officers and employees as to them may appear necessary to obtain the best results. They shall fix the salaries and compensation of the employes and establish such rules and regulations as they may from time to time deem best. They shall select three (3) resident trustees for each station, who shall serve without compensation, except as it becomes necessary to pay traveling expenses as may be required. [Id., § 3.]

354 SEC. 24. [Objects-Experiments.] The object of these experimental stations shall be to determine the adaptability of the state of Nebraska to agriculture and horticulture, such as the producing of grain, grasses, root crops, and fruits of all kinds that are produced in the same latitude in other states, also the most economical methods of producing the best results in growing such crops, both with and without irrigation, also to determine the most successful methods of applying water by artificial means to the lands of the state of Nebraska. [Id., § 4.]

355 SEC. 25. [Sub-stations-Irrigation.] The state board of agriculture may in their discretion establish substations, not to exceed four (4) for any one year, to determine the effect of irrigation on the different kinds of soil in said state. [Id., § 5.]

356 SEC. 26. [Proceeds, sales of products.] The proceeds arising from the sale of products of said stations shall be applied to the liquidation of the running expenses, and all money so accruing shall be credited as coming from the state, and be applied as part or whole payment of any amount which may be appropriated from the funds of the state for the maintenance of said station. [Id., § 6.]

357 SEC. 27. [Expenditure of funds.] To enable the state board of agriculture to carry out the provisions of this act they are hereby authorized to expend such amounts as they may deem necessary from any monies hereafter appropriated to carry out the spirit and intent of this bill, either by the state or the United States as the case might be. [Id., § 7.]

ARTICLE II.-FENCES.

358 SECTION 1. [Live fences.] Whenever any owner or owners, occupier

SECS. 21-27. "An act to establish experimental stations at Culbertson and Ogalalla, Nebraska, and fixing the control and management of the same." Took effect April 7, 1891. Laws, 1891, chap. 4.

17-38, chap. 2.) 2.

ART. II. This article embraces: 1. Sections 12-28, 30-33, chap. 1, R. S., 1866. (G. S., Laws, 1867, 12th Sess. Ter., 17. Statute is exclusive, and mode of procedure must be followed. 12 Neb., 485.

or occupiers of any lands bordering upon any public road or highway, except a street or alley in a town, may wish to plant and cultivate any hedge or live fence, along the margin of his, her, or their land, it shall be lawful for any such person or persons to set and plant any such hedge or live fence, precisely on the line of the road or public highway, and also to place on the margin of such road a protection fence, not to occupy more than six feet of the margin or edge of said road, and such protection fence, when placed opposite any live fence or hedge, actually set and planted, shall be permitted by the county commissioners, and all other persons, to remain for the term of seven years: Provided, That the county commissioners may grant permission in writing to the owner or owners of any live fence or hedge to continue such protection fence any term of time which they may deem necessary. [R. S., § 12, 7. G. S., § 17, 79.]

359 SEC. 2. [Adjoining occupants.] When 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 or owners of either of the adjoining lands shall choose to let his lands lie open. [R. S., § 13, 8. G. S., § 18, 80.]

360 SEC. 3. [Proportion of value to be paid.] When any person shall have chosen to let his lands lie open, if he shall afterwards enclose the same, or if the owner of the lands adjoining upon the enclosure of another, shall enclose the same upon the enclosure of another, he shall pay to the owner of the adjoining lands a just proportion of the value, at the time, of any division fence that shall have been made by such adjoining owner, or he shall immediately build his proportion of such division fence. [R. S., § 14. G. S., § 19.]

361 SEC. 4. [Value, how determined.] The value of such fence, and the proportion thereof to be paid by such person, and the proportion of the division fence to be made and maintained by him in case of his enclosing his land, shall be determined by any two fence viewers of the precinct, in the county. [R., S. § 15. G. S., § 20.]

362 SEC. 5. [Disputes, how settled.] If disputes arise between the owners of adjoining lands, concerning the proportion of fence to be made or maintained by either of them, such disputes shall be settled by the fence viewers of the county; and in such case it shall be the duty of the fence viewers to distinctly mark and define the proportion of the fence to be made or maintained by each. [R. S., § 16. G. S., § 21.]

363 SEC. 6. [Selection of fence viewers.] When any of the above mentioned matters shall be submitted to fence viewers, each party shall choose one, and if either neglect, after eight day's notice to make such choice, the other party may select both. [R. S., § 17. G. S.. § 22.]

364 SEC. 7. [Proceedings.] 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 shall be final upon the parties to such disputes, and upon all parties holding under them. [R. S., § 18. G. S., § 23.]

365 SEC. 8. [Decision.] 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 of the points in dispute between the parties, submitted to them as aforesaid, shall be forthwith filed in the office of the county clerk. [R. S., § 19. G. S., § 24.]

366 SEC. 9. [Damages.] If any person who is liable to contribute to the erection or reparation of a division fence, shall neglect or refuse, for the period of four weeks after notice in writing so to do, to make and maintain his proportion of

such fence, the party injured may make or repair the same at the expense of the party so neglecting or refusing, to be recovered from him with cost of suit; and the party so neglecting or refusing, after notice in writing, shall be liable to the party injured for all damages which thereby accrue, to be determined by any two fence viewers selected as above provided, and the fence viewers shall reduce their appraisement of damage to writing and sign the same. [R. S., § 20. G. S., § 25.]

367 SEC. 10. [Removal of division fence.] If any person who shall have made his proportion of division fence, shall be disposed to remove his fence and suffer his land to lie open, after having first given the adjoining owner at least sixty days previous notice in writing of his intention so to do, he may at any time between the first day of December in any year and the first day of April following, but at no other time, remove the same. [R. S., § 21. G. S., § 26.]

368 SEC. 11. [Removal-Damages.] 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. [R. S., § 22. G. S., § 27.]

369 SEC. 12. [Construction of fence.] 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. [R. S., § 23. [R. S., § 23. G. S., § 28.]

370 SEC. 13. [Party injured may make fence.] If such person shall neglect or refuse to make or repair his proportion of such fence for the 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 cost of suit. [R. S., § 24. G. S., § 29.]

371 SEC. 14. [Witnesses.] Fence viewers may examine witnesses on any and all questions submitted to them, and either of such fence viewers shall have power to issue subpoenas for and administer oaths to such witnesses. [R. S., § 25. G. S., § 30.]

372 SEC. 15. [Fence viewers.] In all organized counties, justices of the peace shall be ex-officio fence viewers of the county. [R. S., § 26, 10. G. S., § 31, 81.]

373 SEC. 16. [Fees of fence viewers.] Fence viewers shall be entitled to one dollar per day each for the time necessarily spent as above provided to be paid in the first instance, by the party requiring the service; and all expenses of the view shall be borne equally between the parties, except in case of view to appraise damages for neglect or refusal to make or maintain a just proportion of the division fence, in which case the cost of view shall be paid by the party in default, and may be recovered as a part of the damage assessed. [R. S., § 27, 10. G. S., § 32, 81.] 374 SEC. 17. [Damages.] Damage accruing to any person or persons, under the provisions of this chapter, may be recovered in a civil action, in any court of this state. [R. S., § 28. [R. S., § 28. G. S., § 33.]

375 SEC. 18. [Lawful fence defined.] That such structures as shall be used for a fence, to enclose lands, shall be as follows:

A

A rail fence shall consist of at least six rails, said rails to be secured by stakes at the end of each panel, well set in the ground, with a rider upon said stakes. board fence shall consist of not less than three boards of at least five inches in width and one inch thick, said boards to be well secured to posts, said posts to be not more than eight feet apart. A rail and post fence shall consist of at least three rails, well secured at each end to posts, said posts to be not more than ten feet apart.

A pole and post fence shall consist of not less than four poles, to be well secured to posts, said posts to be not more than seven feet apart. A wire fence shall consist of at least four wires, of a size not less than number nine fencing wire, to be well secured to posts, said posts to be at no greater distance than one rod from each other; and there shall be placed between every two of said posts, one stake or post to which the wire shall be attached. [12 Sess. Ter., 1867, p. 17. G. S., § 34, 82.]

SEC. 18a. The fences described in the preceding section shall be at least four and one-half feet in height and in the construction of said fences the spaces between the boards, rails, poles, and wires herein provided for, shall not exceed one foot each, measuring from the top. [Id.]

SEC. 186. A hedge fence of osage orange shall consist of at least one row of plant-, said plants to be not more than eight inches apart at the surface of the ground, and said hedge shall be such as the fence viewers shall decide a lawful fence. A hedge fence of willow or other trees used for that purpose, shall consist of at least one row of such trees standing not more than fifteen inches apart at the surface of the ground, and at least two and one-half inches in diameter, and at least six feet in height. [Id.]

SEC. 18c. Fence known as "Warner's Patent" shall be at least four and onehalf feet in height, and consist of not less than five boards, said boards to be of a width not less than five inches and one inch thick. [Id.]

376 SEC. 19. [Damages by animals.] If any domestic animal break into any enclosure, the person injured thereby shall recover the amount of damage done, if it shall appear that the fence through which said animal broke was a lawful fence. [R. S., § 30, 10. G. S., § 35, 82.]

377 SEC. 20. [Tender-Costs.] If before trial the owner of such trespassing animals shall have tendered to the person injured, an amount, in lieu of damage and costs which may have accrued, which shall equal the amount of damage afterward awarded by the court or by the jury, or shall offer in writing to confess judgment for the same, and if notwithstanding, the said injured person refusing said offer, cause the trial to proceed, he shall pay costs, and recover only the damage awarded. [R. S., § 31. G. S., § 36.]

378 SEC. 21. [Planting crop on land not enclosed.] If any person sow any grain, or plant any crop, without enclosing the same with a sufficient fence as above provided, he shall be liable for all damages that any person or persons may sustain in consequence of such neglect to enclose the same. [R. S., § 32. S., § 37.]

G.

379 SFC. 22. [Article not applicable, when.] This subdivision shall not extend to or in any wise affect any county in this state, in which horses, mules, cattle, sheep, or swine are restrained from running at large by reason of legislative enactment. [R. S., § 33., G. S., § 38.]

ARTICLE III.-HERD LAW.

380 SEC. 1. [Owners of stock liable for damages.] That the owners

SEC. 18-18c. "An act to define a lawful fence and for other purposes.' 12 Sess. Ty., 1867, p. 17. This section is inserted in place of the original sec. 29, R. S., p. 10. the same taking effect May 1, 1867, and evidently repealing the original section by implication, which was as follows:

** SEC. 29. Any structure or hedge, or ditch in the nature of a fence used for purposes of enclosure, which is such as good husbandmen generally keep, shall be deemed a lawful fence."

It does not apply to fencing of a railroad. C., B. & Q. R. R. Co. v. James, 26 Neb., 188.

ART. III. This article embraces: 1. "An act for a general herd law to protect cultivated lands from trespass by stock." Laws, 1871, 120. [G. S., 83-86.] It repealed prior laws upon the subject and applying to particular localities. Certain special acts (Laws 1871. 211,-Special Laws 1873,-Laws 1875, 293,-" An act to allow cattle, horses, sheep, and hogs to run at large on McKissick's Island, in Nemaha County," approved Feb. 28, 1881), are omitted from this volume. 2. "Acts amendatory to the herd law." [1875, 186. 1877, 62.] 3. "An act to restrain sheep and swine from running at large." Laws, 1875, 190. 1. "An act to prevent damage by certain domestic animals during the night time in the state of Nebraska, in organized counties where no herd law is in force." Laws, 1879,

of cattle, horses, mules, swine, and sheep in this state, shall hereafter be liable for all damage done by such stock upon the cultivated lands in this state as herein provided by this act. [1871, § 1, 120. G. S., 83.]

381 SEC. 2. [Damage-A lien on stock.] That all damage to property so committed by such stock running at large, shall be paid by the owners of said stock; and the person whose property is damaged thereby, may have a lien upon said trespassing animals, for the full amount of damages and costs, and may enforce the collection of the same by the proper civil action.

382 SEC. 3. [Notice.] That when any such stock shall be found upon the cultivated lands of another, it shall be lawful for the owner or person in possession of said lands, to impound said stock, and if the owner of said stock can be found, and is known to the taker-up, it shall be the duty of said taker-up to notify said owner by leaving a written notice at his usual place of residence, with some member of his family over the age of fourteen, or in the absense of such person, by posting a copy of such notice on the door of said residence, of the taking up of said stock, describing it, and stating the amount of damages claimed; also, the name of his arbitrator, and requiring him within forty-eight hours after receiving said notice, to take the said property away, after making full payment of all damages and costs to the satisfaction of said taker-up of trespassing animals. Said notice may be in the following form: Mr. You are hereby notified that on this day of -, 187-, your stock, of which I now have in my possession (here describe the animal or animals) did trespass upon my land, and damage the same to the amount of You are required to pay the above charges within forty-eight hours from the delivery of this notice, or the aforesaid stock will be sold, as provided by law. I have appointed Mr. to act as arbitrator should you not feel satisfied with the amount of damages claimed in the within notice. Provided, That no claim for damages shall be maintained by the taker-up without the notice contemplated in this section shall have been given, when the owner is known by the taker-up of such stock.

383 SEC. 4. [Refusal of owner to appoint arbitrator.] If the owner of said stock shall refuse, within forty-eight hours after having been notified in writing, to pay said damages claimed, or appoint an arbitrator to represent his interest, said animal or animals shall be sold upon execution as required by law, when said amount of damages and costs have been filed with any justice of the peace in the county within which said damage may have been sustained.

384 SEC. 5. [Arbitrators.] In case the parties interested cannot agree as to the amount of damages and costs sustained, each party may choose a man, and in case the two men chosen cannot agree, they shall choose a third man, who, after being duly sworn for the purpose herein named, the three shall proceed to assess the damages, possessing for that purpose the general power of arbitrators.

385 SEC. 6. [Award.] The said arbitrator or arbitrators shall made [make] and award in writing, which, if not paid within five days after the award has been made, may be filed with any justice of the peace in the same county, and shall operate as a judgment, which judgment shall be a lien upon the stock so taken up, and

Owner of stock not liable for trespass on uncultivated unenclosed land, unless he drive them there. 10 Neb., 492. 11 Id., 533. (See sec. 8.) Remedy given not exclusive. Action for trespass lies. 12 Neb., 273. Taker-up acquires no lien unless he comply with law. 13 Neb., 424. 18 Id., 178. Applicable to cultivated lands in metropolitan cities. 62 N. W. R., 486. Person having custody, not owner, liable? 37 Id., 268.

SEC. 3. Notice must be given within reasonable time. 6 Neb., 271. Waived by agreement to arbitrate. 12 Neb., 112. Notice held sufficient. 6 Neb., 373. Replevin does not lie without tender. 12 Neb., 112. Replevin lies if taker-up refuses to appoint his arbitrator. 18 Neb., 177, 19 I., 580. Owner has 48 hours, after notice, to pay damages, and take stock away. 19 Neb., 580. Additional damages cannot be added after service of notice. Neb., 581.

19

SEC. 4. When proof of damages and service of notice is filed, issuance and service of summons not necessary to give justice jurisdiction to issue execution. 17 Neb.. 101. SEC. 6. Act of 1875 has no repealing clause. It added last proviso. Section cited 42 Neb., 389.