Page:1862 Territory of Dakota Session Laws.pdf/330

CHAP. XLIII.]

1. That whenever any owner or owners, occupant or occupants of any land or lands bordering upon any public road or highway, except a street or alley, in a town or village, through which any public road or highway may pass, may wish to plant and cultivate any hedge or live fence along the margin of his, her, or their lands, it shall be lawful for any such person or persons to set or plant any such hedge or live fence, precisely on the line of the road or highway; and also place on the margin of such road a protection fence, not to occupy more than six feet of the margin or edge of such road; and such protection fence, when placed opposite any line fence or hedge actually set or planted, shall be permitted by the supervisor of roads, and all other persons, to remain for the term of six years: Provided, That the authorities of any county may grant permission, in writing, to the owner or owners of any hedge or live fence, to continue such protection fence any term of time they may deem necessary.

. 2. If any person or persons shall wantonly or maliciously cut through, dig up, or injure any hedge or live fence, or throw, cut, or lodge down, or prostrate any fence inclosing any orchard, pasture, meadow, garden, or other field or inclosure, in which any grain or vegetables are cultivated, the property of, or lawfully occupied by any other person or persons, or shall wantonly or maliciously open, let down, throw down, or prostrate any gate or bars belonging to any such inclosure or field, and leave any such fence, bars, or gate down, prostrate or open, every such person or persons