5. VALUE OF FENCE, ETC., ASCERTAINED.] § 5. 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 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.

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 disputes 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.

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.

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 shall 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 organization. [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 wri ting, 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 sigu the same. [L. 1857, p. 160, § 8.

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 wri ting, 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 the period of ten days after such request, the party injured may make or repair the same at the ex pense of the party so refusing or neglecting, to be recovered with costs of suit. [L. 1857, p. 160, § 12.

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 herein before provided, and pay or tender the same to such person. [L. 1857, p. 160, § 9.

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 afterwards 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.

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.

21. DAMAGES FEASANT-RESCUE.] § 21. If any such animal or animals shall break into an inclosure surrounded by a fence of the hight 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 reasona. ble 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 complaint before any justice of the peace of the county where such offense shall be committed, for the use of the school fund of the proper county: Provided, that within twenty-four hours after taking such animal into his possession, he shall give notice to the owner thereof, if known, or if unknown, he shall post notices at some public place near the premises.

1. LICENSE NECESSARY.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no person shall establish, keep or use any ferry for the conveyance or passage of persons or property, for profit or hire, unless he shall be licensed as directed by this act, under the penalty of $5 for each day the same is maintained, and $3 for each persons and each article of property so conveyed, to be forfeited to the county in which the ferry is situated. This section shall not apply to ferries heretofore established by law. [R. S. 1845, p. 256, § 16.

2. PETITION FOR LICENSE.] § 2. Any person may petition the county board for license to keep a ferry, and if said board shall deem such ferry necessary, it shall order the county clerk to issue a license to such person, upon his paying the fee therefor to be fixed by the board, and giving bonds as provided in this act: Provided, that no person shall be licensed to keep ferry within one mile of any established ferry, so long as such established ferry is competent to do the business, and its owner complies with the provisions of this act, unless the county board shall deem it necessary to establish another ferry for the public good. [R. S. 1845, p. 252, § 1.

3. WHEN FERRY BETWEEN TWO COUNTIES.] § 3. Where the ferry is to be established between two counties, the petition shall be addressed to the county boards of both counties, and the concurrence of both of such boards shall be necessary to the granting of the license, fixing the tolls and prescribing the regulations of the ferry; but a separate license shall be issued by each county, and a license fee paid to each county. And all the provisions of this act shall apply to each of the counties, so far as the same may be applicable.

4. NOTICE OF APPLICATION.] § 4. No license shall be granted to establish a ferry unless the petitioner shall give notice of his intended application by publication in some newspaper published in the county for at least four weeks successively next preceding the session of the county board at which the application shall be made, or if no newspaper is published in such county, by posting notices in four public places therein, at least four weeks previous to such session. When the application is to several county boards, the notice herein provided shall be given in each county. [R. S. 1845, p. 252, § 1.

5. OWNER OF ADJOINING LAND PREFERRED-NOTICE.] § 5. No such license shall be granted to any person other than the owner of the land adjoining to or embracing the water over which the ferry is to be established, unless such owner shall neglect to apply for such license, after notice by the applicant, at least four weeks before the sitting of the county board, of his intention to make such application: Provided, that when any owner is a non-resident, or cannot be found, such notice shall be given to the party in possession of the land, if the same be occupied; and if no person be in possession, no such notice need be given: And, provided, that license may be granted without regard to ownership of the land, when the ferry has its termini upon a public highway. [R. S. 1845, p. 252, § 1.

6. WHEN SEVERAL OWNERS APPLY. § 6. When several such owners apply, the county board may grant the license to any one or more of them as it shall deem best.

7. BOND.] § 7. Before the delivery of any license, the person to whom the same is granted shall give bond, payable to the People of the State of Illinois, with sufficient sureties to be approved by the county clerk, in such sum as the county board shall order, conditioned for the faithful discharge of his duties as ferryman according to law; which bond shall be filed in the office of the county clerk. [R. S. 1845, p. 252, § 2.

8. TERM OF LICENSE-RENEWAL.] § 8. The term for which a ferry license shall continue shall be fixed by the county board at the time of granting the license, not exceeding ten years, but the same may be renewed from time to time upon petition, without the notice hereinbefore required, upon giving such bond, and paying such license fee as may be required by the county board.

9. LICENSE FEE.] § 9. The license fee to be fixed by the county board in any case shall be such sum as the said board shall think proper, not less than $5, nor exceeding $300, but such license fee shall not be in lieu of taxes upon the property, or franchise of such ferry, but the same shall be subject to be assessed and taxed as other property and franchises.

10. RATE OF FERRIAGE.] § 10. The county board shall fix the rate of ferriage at each ferry, and may at any time alter the same, having regard to the breadth and situation of the stream or other water course, and the publicity of the ferry, and may prescribe regulations for the management of such ferry. [R. S. 1845, p. 253, § 6.

11. PENALTY FOR ILLEGAL CHARGES.] § 11. Every keeper of a ferry who shall at any time take or demand more than the toll allowed as aforesaid, shall, for each offense, forfeit and pay to the party aggrieved the sum of $5, and such amount as he shall have illegally taken. [R. S. 1845, p. 253, § 6.

12. LIST OF RATES POSTED.] § 12. Every keeper of a ferry shall keep a list of the legal rates of ferriage, printed, or written in a legible hand, constantly posted up in some public place at the ferry or ferry house, where the same can be easily seen and read by passengers. [R. S. 1845, p. 254, § 7.

13. PENALTY FOR NOT POSTING RATES.] 8 13. If any keeper of a ferry fails to comply with the provisions of the preceding section, he shall, for every day such list is not posted up, forfeit not less than $10 to the county. [R. S. 1845, p. 254, § 7.

14. WHARVES, ETC., MUST BE FURNISHED.] § 14. Every keeper of a ferry shall provide proper wharves, causeways or other conveniences and safeguards, for the embarking and landing of passengers, teams, horses, cattle, and other property in safety, and without unnecessary delay. [R. S. 1845, p. 252, § 3.

15. CONDITION AND OPERATION OF FERRY.] § 15. He shall keep the ferry at all time in good repair, and shall faithfully attend thereto, with such and so many sufficient and safe boats, and so many competent men, and proper implements, as shall be necessary to operate such ferry for the proper accommodation of the public. [R. S. 1845, p. 252, § 3.

16. PENALTY FOR NEGLECT, ETC.] 8 16. If any keeper of a ferry shall fail to perform any of his duties under the two preceding sections, he shall forfeit to

the county $10 for each day during the continuance of such failure. If such failure be continued for the space of three weeks, or if the ferry shall be abandoned, disused or unfrequented for the space of six weeks, the county board may, on complaint, notify the proprietor thereof to show cause why his license should not be revoked, and the county board may, if the cause is proved to their satisfaction, revoke such license. [R. S. 1845, p. 255, § 13.

17. WHEN FERRY MUST BE RUN-NIGHT RATES.] § 17. Every keeper of a ferry shall afford safe and speedy passage to all persons and their teams and property, from daylight in the morning until dark in the evening of each day, unless delay is necessary for repairs, and during such further time as may be required by the county board, and shall, at any hour in the night, when required, give passage to any person or property on payment or tender of double the rate of ferriage allowed during the day. No ferryman shall be required to give such passage when it manifestly appears hazardous so to do, by reason of any flood, storm or ice. [R. S. 1845, p. 253, § 5.

18. ORDER OF CROSSING.] § 18. All persons shall be received into such ferryboats or other vessels, as aforesaid, and conveyed across the water course over which the same shall be established, according to their arrival or first coming to the said ferry: Provided, that all public officers, or such as go on public or urgent occasion, as post riders, couriers, physicians, surgeons and midwives, shall, in all cases, be the first carried over, where all cannot go at the same time. [R. S. 1845, p. 254, § 8.

19. PENALTY FOR NEGLECT OF DUTY.] § 19. If any keeper of a ferry shall fail to perform any of his duties under the two preceding sections, he shall, for each offense, forfeit to the person aggrieved the sum of $3, and shall be liable for all damages occasioned thereby. [R. S. 1845, p. 253, § 5; p. 254, § 8.

20. FERRIES HERETOFORE ESTABLISHED, ETC.] § 20. All ferries heretofore established and confirmed over the Ohio, to the proprietors of land on the western shore of said river, as well as all other ferries which have, at any time, been established over any other of the lakes, rivers, creeks or other water courses within the limits or upon the borders of this state, and where the same have been kept in operation or repair from time to time, according to law, and have not, at any time since their establishment, been discontinued or abandoned, shall be and they are hereby declared to be established ferries within the meaning of this act, and entitled to the benefits of the same. [R. S. 1845, p. 254, § 10.

21. PENALTY FOR MAINTAINING FERRY WITHOUT LICENSE.] 8 21. Who ever, not being licensed to maintain a ferry, or authorized by law so to do, shall run any boat or other craft for the purpose of conveying passengers across any river or other water course, within three miles of any ferry which now is or hereafter shall be established, pursuant to this act, except as hereinafter allowed, shall forfeit such boat or craft to the owner of such ferry, and shall also forfeit to the owner of such ferry $15 for each person who may be thus unlawfully conveyed across such water course: Provided, that nothing herein contained shall be construed to prevent any person from crossing any stream or water course over which any such ferry shall be established as aforesaid, in his own boat or other craft, on his own business, or to take in and cross his neighbors, where the same is done without fee and not with intention to injure any ferryman near, or to cross any person or property without fee, when the ferry is not in actual operation or in sufficient repair to afford a safe and speedy passage to persons and property. [R. S. 1845, p. 255, § 11; p. 254, § 9.

22. JURISDICTION.] § 22. The penalties herein provided for may be recov ered in an action of debt before any justice of the peace in the county where the offense is committed. [R. S. 1845, p. 255, § 11; p. 294, § 5, 6.

23. EMINENT DOMAIN.] § 23. When it shall be necessary, for the establishment or use of any ferry, to take or damage private property, for a landing, ferryhouse, or approach to any ferry, proceedings may be had for that purpose under any act that may then be in force for the exercise of the right of eminent domain, subject to all restrictions that may be prescribed by law. [See "Eminent Domain," ch. 47.