Meade v. Watson

Citations

• 67 Cal. 591
• 8 P. 311
• 1885 Cal. LEXIS 702

Syllabus

<p>Fences—Acts nr Relation Thereto.—The Acts of April 27, 1855, and April 3, 1860, concerning lawful fences, are continued in force under section 19 of the Political Code, and consequently the counties to which they apply arc not subject to the provisions of section 841 of the Civil Code.</p> <p>Id._What Constitutes.—A fence which is good, strong, substantial, and built of stone, forming a perfect enclosure, and sufficient to turn stock, is a lawful fence within the meaning of the statute, although it is not specifically described therein. Id.—Division Fence.—The line or division fences provided for by the statute of 1860 must be lawful fences.</p> <p>Id. —In an action brought under the statute to recover one half the value of a partition fence, and to foreclose a lien therefor, it is not necessary for the plaintiff to show that other fences which have been adopted by the defendant in completing Ms enclosure are lawful fences.</p> <p>Road Laws—Constitution.—The road laws retained by the Code having been in force before the adoption of the present Constitution, are not affected by the provision against special legislation.</p>