Fence Laws of Fifteen States, undated

Fence Laws

Florida -

Fence reqd to be five feet high - elase the breaking or straying in of cattle no trespass. And in case cattle coming thee on grounds not completely enclosed or killed, or first person committing the injury to be liable therefor. Florida Dig. 1847, p 134

Virginia -

Fence reqd to be six feet, or passing 5 feet high - else breaking or straying in of cattle no trespass. And if cattle on ground not lawfull enclosed killed or injured, consqdoer liable for damages - Law of Georgia to 1820 p' 189 Contion to be the law to 1835 - Geng Justice 348 Hutckins Stat Law of 892-3.

Kentucky -

Fence to be five feet high, then cattle committing trespasses liable 1st time for amt of injury. Afterwds for double dams! However 5 parts injured may kill beast. If beast killed when no fresh enclosure double (unclear) (unclear) from Va Law of 1748, to Dig 43 1.2 Sittells laws of Ky 1810, p27.

Ohio -

If beasts walk into enclosure, owner may go to fence - views than (unclear) herd, & if they think fence sufft think as a good huntandman right to kooper, they shall assess (unclear) for trespass wh is (unclear) that if and thereof theythink fence insufft, applict to pay costs of rises. state of Ohio 1841, p 410-11.

Indiana -

If beasts walk into enclosure, owner may cause fence (unclear) to new (unclear), till they think the fence sufft & such as good condition (unclear) generally keep, they shall assess the (unclear) wh with then costs if they view owner of the cattle to pay prima ffacie. If they think fence insufft applent to pay their costs. Redo State of Indiana 1843 p. 375-6

Pensylo-

Fence to be 5 feet high, - else the walking in by cattle no trespass - And if without such fence cattle to (unclear) perm injuring to pay down! If fence lawlful to' be judged by (unclear) appointed to co ct owner of cattle (unclear) (inelligible text) to double down. Dunlops laws of Penn 1847, 11, 12

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Maine. Rev? State of Main 1840'41. p.22 Fences 4 feet high, + in good repair (unknown) legal. Persons injured by beasts may (unknown) (unknown) or (unknown) them, provided the fence adjoining land, (unknown) therefrom by neglect of him who is damaged to maintain his part of partition can (unknown) was legal. Id. 229. Sufficient fence (unknown) by fence viewer Id. 221 owner of beasts not liable. Partition fences to be kept wh at common expense. Id. 221 * If beast allowed to go at large in the highways or commons, owner liable to various forfeitures according to nature of beast, + whether an ungelded male or not. Id 228 But (unknown) + neat cattle may be allowed to go at large in any particular town for a year at a time by a wh thereof. Id. 228 Vermont - Fences 4 1/2 feet high deemed legal, - sufficiency to be determined by fence viewer - Rev stats of Verm. 1839, p. 2117. Cattle doing damage impounded. Liable for damage provided fence to be sufft, except fences adjoining highway, or those which owner of (unknown) (unknown) to repair. Id. 413. Stallions (unknown) not permitted to run at large on highways or commons under penalties. Id. 414. Town at annual meeting may permit swine to run at large in highways of (unknown) town. Id.

New Jersey - Fences 4 ft, 2 inches high of parts + (rails), timber, (boards), ? or stone, + 4 ft, 6 inches high, if of any other material, deemed law ful. Stat of N Jersey, 1827.472 Beasts entering enclosures with lawful fence, owner liable for damages, (unknown) impounded to secure them. But if fence not lawful, owner of (unknown) not liable, and if owner of land injure beasts, under those circumstances, must pay full damages. Id. 476-7. This stat applies only to owner of adjoining (unknown), not to land on highway, wh need not be fenced. Chamber + (unknown) 3 (unknown) 368. N. Carolina - Fence to be five ft high (except where deep water cause) If fence sufft, owner of (unknown) liable for damages. And if fence insufft, whoever injures cattle coming on enclosed grounds, liable to make full satisfaction to owner. 1 Rev. Stats of N. Car. 1837 283-4.

S. Carolina Fences to be 5 ft high, (except where deep water course) - If beasts break in when fence is lawful owner liable to a fine of 50 cts a head for horse or mule, + 25 cts a head for other animal. For second breaking within a month for all (unknown) (unknown) their fines. If fence not lawful owner of beasts not liable + if owner of field injures animal ? he is subject (damaged paper) Car. 1841, 331Taken from a (damaged paper) (Sidebar at top) Partition fences if land improved to be kept up at common expense under personr direction of fence viewer. Cattle not lawfully on adjoin [enclosed?] without owner consent, the cattle on it from highway where they [unknown] by ? of town, a right to be. [unknown] + wormwood (unknown] Maine (16 Shep.) 282. Therefore a trespass to come this rests [unknown] on unfenced close

Arkansas Fence must be 5 feet high, sufficiently close. For (unknown) the (unknown) breaking such a fence, owner to make reparation for 1st offense, for 2nd double dam, for 3rd party injured may kill beasts. If fence not sufft, + cattle hurt, using (unknown) liable for double damages. Dig Ark Stat 1848, (unknown) 589-90

Missouri Fence must be from 4 1/2 to 5 ft high. If cattle breaks lawful fence, owner liable for 1st trespass to make (unknown). For all (unknown) trespasses for double dams. + for 3rd offense may kill beasts. If fence not sufft, + cattle hurt, may doer liable in double dam. Rev (unknown) 1845, 575-6.

Illinois - Fence must be from 5 to 5 1/2 feet high. If cattle break lawful fence, liable 1st time to (unknown) + afterwards to (unknown) = the dam. Rev laws of Illinois 1833, p. 262

Mass. Fence to (unknown) certain height, + if so cattle trespassing owner liable for damage. However inferred that if cattle were lawfully on adjacent lands + ecaped into fields by cause of insufficiency of fence, owner not liable (unknown) (unknown) (unknown) Mass. 471 (1808); Rust v. ssow 6 (unknown) 94 (1809); And if they escape from highway, owner liable tho fence in sufft. (Unknown) v. (Unknown) (Unknown) Mass 33.