58. Repeal. § 6. All acts and parts of acts in conflict with this act, are hereby repealed.

59. Emergency. § 7. Whereas, there is no adequate provision of law for charging and collecting fees in some of the offices in counties of the third class, whereby an emergency exists, this act shall take effect and be in force from and after its passage.

SALARIES Of Judges of SUPREME COURT.

AN ACT to provide for and fix the salary of the judges of the supreme court. [Approved March 17, 1871. In force July 1, 1871. L. 1871-2, P. 454.]

60. Salaries of judges of supreme court. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there shall be allowed and paid to each of the judges of the supreme court, in lieu of any and all other fees, salary and compensation whatsoever, an annual salary of $5,000, payable in quarter-yearly installments, out of the State treasury, on the warrant of the auditor of public accounts, from and out of any money not otherwise appropriated. § 2 repeals conflicting laws, and is omitted.

JUDGES AND STATE'S ATTORNEY IN COOK COUNTY. AN ACT providing for the payment, by the county of Cook, of further compensation to the judges of the circuit and superior courts, and the State's attorney of said county, respectively. [Approved April 13, 1871. In force July 1, 1871. L. 1871-2 P. 454.]

P

61. Additional salary to judges of superior and circuit courts, and State's attorney in Cook county. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the judges of the circuit and superior courts, and the State's attorney of Cook county, shall each be paid by the said county, in addition to the salaries which may be paid to them from the State treasury, such further compensation as will make their respective salaries amount to the sum of $7,000.

62. How paid. 2. The said compensation shall be paid in equal quarterly installments; and it shall be the duty of the county [*526] clerk of said county, at the end of each and every quarter of the year, to draw an order or warrant therefor in favor of each of said judges and State's attorney, respectively, on the county treasurer of said county, whose duty it shall be to pay the same on presentation properly indorsed. [SS 63, 64, "For pay of members of General Assembly," see "Gen eral Assembly," ch. 63, §§ 15, 16.

[§§ 65, 66 and 67 repealed. See "General Assembly," ch. 63, § 17.

1. Fence viewers. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in counties under township organization the town assessor and commissioners of highways shall be ex officio fence viewers in their respective towns. In counties not under township organization the county board, at their annual meeting in December, shall appoint three fence viewers in each precinct, who shall hold their office for one year, and until their successors are appointed. [L. 1861, p: 221, § 4; L. 1857, p. 160, 14.

2. What lawful fence. § 2. Fences four and one-half feet high, and in good repair, consisting of rails, timber, boards, stone, hedges, barb wire, or whatever the fence viewers of the town or precinct where the same shall lie shall consider equivalent thereto, shall be deemed legal and sufficient fences: Provided, that in counties under township organization the electors at any annual town meeting may determine what shall constitute a legal fence in the town, and in counties not under township organization the power to regulate the height of fences shall be vested in the county board. [As amended May 4, 1887. L. 1887, p. 188.

[R. S. 1845, p. 280, § 14; Scott v. Buck, 85 Ill. 334.

3. Division fence. § 3. Where 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 of either of the adjoining lands shall choose to let such land lie open: Provided, that where owners of adjoining lands, by mutual agreement, have heretofore built, or may hereafter build their respective portions of a partition fence, it shall not be lawful for either to remove his part of said 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 move his portion of the fence.

[L. 1857, P. 159, § 1; Ozburn v. Adams, 70 Ill. 291; Scott v. Buck, 85 Ill. 334; D'Arcy v. Miller, 86 Ill. 102; McNally v. O'Brien, 88 Ill. 237.

4. When lands inclosed-contribution. § 4. When any person shall have chosen to let his land lie open, if he shall afterward inclose the same, or if any owner of land adjoining upon the inclosure of another shall inclose the same upon the inclosure of another, he shall refund to the owner of the adjoining lands a just proportion of the value at that time of any division fence that shall have been made by such adjoining owner, if the same shall be a ditch or hedge, and if the same be not a ditch or hedge, he shall immediately build his proportion of such division fence, or refund to said adjoining owner a just proportion of the value at that time of such fence.

[L. 1857, p. 159, § 2; Hale v. Andrews, 75 Ill. 252.

5. Value of fence, etc., ascertained. 5. The value of such fence, and the proportion thereof to be paid by such person, [*528] and the proportion of the division fence to be made and maintained by him, in case of his inclosing his land, shall be determined by two fence viewers of the town, in counties under township organization, and in other counties by any two fence viewers of the precinct. [L. 1857, P. 159, § 3.

6. Neglect to repair and rebuild. § 6. If any person neglect to repair or rebuild a division fence, or portion thereof, which he ought to maintain, any two fence viewers of the town or precinct, as the case may be, shall, on complaint by the party aggrieved, after giving due notice to each party, examine such fence, and if they deem the same to be insufficient, they shall so notify the delinquent party, and direct him to repair or rebuild the same within such time as they may deem reasonable.

[Thompson v. Bulson, 78 Ill. 277

7. Disputes settled. § 7. If disputes arise between the owners of adjoining lands, concerning the proportion of fence to be made or maintained by either of them, such dispute shall be settled by any two of the fence viewers of the town or precinct, as the case may be, and in such cases it shall be the duty of the two fence viewers to distinctly mark and define the proportion of the fence to be made or maintained by each.

[L. 1857, p. 159, § 4; Hale v. Andrews, 75 Ill. 252.

8. Choice of viewers-notice. § 8. When any of the above mentioned matters shall be submitted to fence viewers, each party shall choose one; and if either neglect, after eight days' notice in writing, to make such choice, the other party may select both. And for all purposes of notice under this act, it shall be sufficient to notify the tenant or person in possession of said adjoining premises, when the owner thereof is not a resident of the town in which such fences are situated. [L. 1857, p. 159, § 5; Thompson v. Bulson, 78 Ill. 277.

9. Viewing fence - disagreement. 9. 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 shai.

be final upon the parties to such dispute, and upon all parties holding under them. [L. 1857, p. 159, § 6.

10. Decision. 10. 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 other point in dispute between the parties, submitted to them as aforesaid; and shall be forthwith filed in the office of the town clerk, or in the office of the county clerk in counties which shall not have adopted township organizations. L. 1857, p. 159, $7.

11. Neglect-damages. § 11. If any person who is liable to contribute to the erection or reparation of a division fence shall neglect or refuse to make or repair his proportion of such fence, the party injured, after giving sixty days' notice, in writing, that a new fence should be erected, or ten days' notice, in writing, that the reparation of such fence is necessary, may make or repair the same at the expense of the party so neglecting or refusing, to be recovered from him, with costs of suit and the party so neglecting or refusing, after notice in writing, shall be liable to the party injured for all damages which shall thereby accrue, to be determined by any two fence viewers selected as above provided; and the fence viewers shall reduce their appraisement of damages to writing, and sign the same.

[L. 1857, p. 160, § 8; Ketchum v. Stolp, 15 Ill. 342.

12. Making and repairing fences destroyed. § 12. 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. [L. 1857, p. 160, $ 11.

13. Refusing to make or repair. § 13. If such person shall neglect or refuse to make or repair his proportion of such fence for a 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 costs of suit. [L. 1857, p. 160, § 12.

[*529]

14. Removal of division fence. 14. If any person is disposed to remove a division fence, or part thereof, owned by him, and suffer his lands to lie open, after having first given the adjoining owner one year's notice, in writing, of his intention so to do, he may, at any time thereafter, remove the same, unless such adjoining Owner shall previously cause the value of said fence to be ascertained by fence viewers, selected as hereinbefore provided, and pay or tender the same to such person.

Ill. 76. [L. 1857, p. 160, § 9; McCormick v. Tate, 20 Ill. 337; Buckmaster y. Cool, 13

15. Removal without notice. § 15. 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. [L. 1857, p. 160, § 10.

16. Mistake in locating fence. § 16. When a person has made a fence on an inclosure which afterward on making division lines is found to be on the land of another, and the same has occurred through mistake, such first person may enter on the land of the other and remove his fence and material within six months after such line has been run. [R. S. 1845, p. 281, § 19; McLaughlin v. Johnson, 46 Ill. 168; Blair v. Worley, 1 Scam. 179.

17. When removal may not be made. § 17. But such fence shall not be removed if it was made of material taken from the land on which it is built, until the party pays or tenders to the owner of the land the value of such material, to be ascertained by the fence viewers; nor shall a fence be removed at a time when the removal will throw open or expose the crops of the other party, but it shall be removed within a reasonable time after the crops are secured, although the six months above specified have passed.

18. Viewers may examine witnesses, etc. § 18. Fence viewers may examine witnesses on any and all questions submitted to them, and either of such fence viewers shall have power to issue subpenas for, and administer oaths to such witnesses. [L. 1857, p. 160, $13.

19. Fees. $ 19. Fence viewers shall be entitled to one dollar and fifty cents per day, each, for the time necessarily spent as above provided, to be paid in the first instance by the party requiring the services; 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 a division fence, in which case the costs of view shall be paid by the party in default, and may be recovered as part of the damages assessed. [L. 1857, p. 160, § 15.

20. Trespass damages. § 20. If any horse, mule or ass, or any neat cattle, hogs or sheep, or other domestic animals, shall break into any person's inclosure, the fence being good and sufficient, the owner of such animal or animals shall be liable, in an action of trespass, to make good all damages to the owner or occupier of the inclosure. This section shall not be construed to require such fence, in order to maintain an action for injuries done by animals running at large contrary to law.

[R. S. 1845, p. 281, § 15; McBride v. Lynd, 55 Ill. 412; Stoner v. Shugart, 45 Ill. 76; Scott v. Wirshing, 64 Ill. 102; Sturman v. Colon, 48 Ill. 463.

21. Damages feasant-rescue. $21. If any such animal or animals shall break into an inclosure surrounded by a fence of the height and sufficiency prescribed by this act, or shall be wrongfully upon the premises of another, the owner or occupier of such inclosure or premises may take into possession such animal or animals trespassing, and keep the same until damages, with reasonable charges for keeping and feeding, and all costs of suit be paid, to be recovered in any court of competent jurisdiction; and any person who shall take or rescue any such animal so taken up from the possession of the taker-up without his consent, shall be liable to a fine of not less than three nor more than five dollars for each of such animals so rescued, to be recovered on com. plaint before any justice of the peace of the county where such offense