PARTITION FENCES.
My. CAUTHORNE moved to reconsider the vote upon which the bill [H. R. 150] concerning partition fences was lost.
Mr. FANCHER said: The law now in force provides that in cases where there has been a partition fence, that one of the adjoining land owners may serve notice on the other adjoining owner to repair the division fence, and if he fails to do it, the party serving the notice may proceed to repair the same and recover the cost of such repair with 10 per cent. damages. So it can be seen that the law now in force only applies to cases where has been a fence. The amendments proposed will so change the law that after proper notice by one of the land owners and on failure of the other to construct a new fence within the time prescribed in the notice, the party giving the notice may repair the old fence or construct a new one, and recover the cost of constructing or repairing the same with 25 per cent. damages. The object of the amendment is to reach cases where there has been a partition of lands, and to cases where a portion of a farm has been sold at Sheriff's sale or tax sale and become vested in the purchaser, and to cases where there has been a division among portions of lands owned jointly, and to where the division line agreed on or, established by Court is fixed at a place where there has not been a fence before. It does not apply to lands unoccupied.
The motion to reconsider was agreed to, and the bill [H. R. 150] to amend Sections 16 and 17 of of an act concerning inclosures and partition fences, approved June 4, 1852, was read the third time.
Mr. MOODY--I am opposed to the bill. It seems seems to me it ought to be amended so as not to limit the time to fifteen days, or else the penalty be taken out. As it now stands, if a man does not construct the fence fifteen days after the notice is given, the adjoining land owner constructs the fence and collects cost from the party so refusing, with 25 per cent. penalty. I do not want to vote against the bill, but as it now stands it is too stringent.
The bill passed--yeas, 52; nays, 29.
