The justices shall decide said election. the attendance at such trial of all persons whose testimony may be required by either party, in the same manner as is provided in other cases of proceedings before justices of the peace. SEC. 2. The said justices shall meet at the time and chosen as in the place appointed for the trial of said contest as aforesaid, preceding sec- and after hearing and examining the evidence offered tion required, by both of the parties, they shall decide which of the said candidates shall have been duly elected, and certify the same to the clerk of the county commissioners' court of the proper county, who shall thereupon make out and deliver to the successful party a certificate of his election. SEC. 3. The said justices shall enter judgment against Shall give judgment for costs the unsuccessful party for all the costs of such contest. against the un- Either party may appeal from the decision of said justisuccessful party tices to the circuit court as in other cases; and the deAppeals allowcision of the circuit court shall be final. ed. Parts of acts repealed. SEC. 4. The twenty-second section of the act to which this is an amendment, and the eighth section of an act to provide for the election of justices of the peace and constables, approved, December 30, 1826, are hereby repealed. APPROVED, February 28, 1833. INCLOSURES. In force Feb. AN ACT to regulate the enclosing and cultivating of com23, 1819. mon fields. SEC. 1. Be it enacted by the people of the state of Illinois, represented in the General Assembly, and it is hereby enacted by the authority of the same, That those who are or shall be proprietors or owners of land, in any field that is now occupied, used, and declared, or that shall hereafter be occupied, used, or declared to be a common field, may meet together, by themselves or agents, annually, on the first Monday in March, or such other days as they shall appoint, at some convenient place by them appointed, for the purpose of making such rules and regulations as to them shall seem meet for the well ordering of the affairs of such field with respect to fencing and cultivation, and all other things necessary for the well managing the same, for the common interest of such proprietors; in which meeting the proprietors of such field, shall have full power by their major vote, to be computed by inter est, to order all such affairs and make such regulations, as they shall deem proper and expedient for the purpose aforesaid: Provided, always, That any person, who is a proprietor in any common field, may at any time hereafter, separate his, her, or their land, from such common field, by fencing the same, subject only to making and keeping in repair fences in like manner as persons having inclosures adjoining, to the common fields, as by this law directed. SEC. 2. That better to enable them to carry on and manage the affairs of such field, they are hereby authorized and empowered to elect a chairman, clerk, and treasurer, who shall be sworn to the faithful discharge of their duties, respectively; and the clerk shall enter and record all the acts, votes, and resolutions of the said proprietors relating to the management of the said common fields; and shall continue in his office until another shall be chosen and qualified to serve in his room; and that the election of chairman, clerk, and treasurer, shall be annually, or otherwise as shall be determined by the said proprietors, or a majority of them in their lawful meetings assembled. SEC. 3. That for the better management of their common fields, they shall choose a committee of three persons, which shall be styled "the field committee," who shall be sworn to a faithful discharge of their duties; the said committee may call a meeting of the proprietors of such field, when they shall judge it needful, by giving warning to such of them as live in the town or village, verbally, where such fields lie, and to the agents, if any, of non-resident proprietors, ten days previous to the time of such meeting, or by warning such proprietors in such other manner as they shall, in their lawful meetings, agree upon. SEC. 4. That the proprietors of common fields are hereby authorized and empowered, at their lawful meetings, to grant and levy taxes on themselves, when they shall judge it needful, according to their several interests in such fields, for defraying the charges that may arise in setting out and designating the proportion of, or altering the fence of such fields, in making gates and bridges, or for any other public or common charge, relating to such fields; and to appoint assessors and collectors for the making, apportioning, and collecting such taxes; which collectors shall have the same power and authority, in every respect, as the collectors of county taxes; which taxes, when collected, shall be paid into the hands of the treasurer, and shall be appropriated, by a majority of the proprietors for the common benefit. SEC. 5. That the field committee shall point out and designate the place where, and the proportion which, each proprietor shall erect of such common fence, and every proprietor in such common field shall duly erect and maintain his, her, or their proportion in such common fence, according to the directions of such committee: Provided, such committee shall attend all orders, and comply with all regulations of the major part of the proprietors of such common field, for the improvement thereof, for the common benefit, under the penalties of such fines and forfeitures as shall be lawfully annexed to the breach or neglect of such orders or regulations. SEC. 6. That any person or persons having his, her, or their part or proportion of common fence designated by the said field committee, shall have liberty, in order to make or repair the same, of passing over any person's lot or land whatsoever, whenever it shall be necessary, for the purpose aforesaid; and when it shall so happen that the line of fence, ordered as aforesaid, for the inclosing, or securing any common field, shall run in upon, or intersect the fence of any person making a particular inclosure adjoining the common field, the one half of the division fence between such particular inclosure, and the common field as aforesaid, shall be made and maintained by the proprietors of such common field, and the other half by the owner of such particular inclosure; and if any person or persons, whose land shall adjoin any such common field, shall neglect to keep in repair, and maintain his, her, or their part of such fence, after being requested thereto by the field committee, in writing, under their hands, for the space of ten days, it shall be lawful for the said committee to repair the said fence, at the proper charges of the delinquent; which expense, after being estimated by two reputable freeholders of the town or village wherein such fields are situated, may be recovered by action of debt, before any court having competent jurisdiction, together with costs. SEC. 7. That if any person or persons, whose lands shall adjoin such common field, shall lay open the same, without giving two months notice thereof in writing, lodged with the clerk of such common field, such person or persons shall be liable to pay all damages that may accrue to the proprietors, or to any of them, of such common fields, to be recovered in any action of damages, before any court having competent jurisdiction. Sec. 8. That all accounts for any services rendered any person acting under the appointment of, or by the direction of the major part of the proprietors of common fields, shall be paid out of the common treasury of such proprietors, after being audited by the field committee, except the accounts of such field committee, which last mentioned accounts shall be audited by a special committee; and that all orders on the treasurer shall be signed by the chairman, and attested by the clerk; and the collectors shall, for all or any moneys by them paid to the treasurer, demand duplicate receipts, one of which shall be held by the said collectors, and the other lodged with the clerk; the treasurer shall also demand duplicate receipts for all moneys paid by him, on orders on the treasury, one of which receipts shall be holden by the treasurer, and the other lodged with the clerk. SEC. 9. That the proprietors of common fields shall have power, by their major votes, in lawful meetings assembled, to order all such fines and forfeitures, on either, or any of themselves, as to them shall seem reasonable, for carrying into effect any of their rules and regulations, for the common benefit of the said proprietors: Provided, nevertheless, That the penalty does not exceed the sum of five dollars, and that the person or persons thinking himself or themselves to be unreasonably or oppressively fined, shall have the right to appeal from the judgment of said proprietors to the next circuit court, holden for said county: Provided, That notice of such appeal shall be given within ten days after the judgment be given by the said proprietors. SEC. 10. That the said common field shall be inclosed with a good and sufficient fence, according to law, on or before the first day of May in each and every year, or such other day as the said proprietors may appoint, and no cattle, horses, or other animals, shall be suffered to be put into such fields, for the purpose of depasturing therein, between the first day of May and the fifteenth day of November, in each and every year, or on such other day and time as the proprietors may agree upon, under the penalty of paying such fines as shall be ordered by the said proprietors, in lawful meeting assembled. APPROVED, February 23, 1819. AN ACT regulating Inclosures. In force Feb. SEC. 1. Be it enacted by the people of the state of Illinois, Repealed represented in the General Assembly, and it is hereby enacted $35.144 by the the authority of the same, That all fields and grounds Enclosures how kept for inclosures, shall be well inclosed with a fence, regulated. Cattle breaking the same. composed of sufficient posts and rails, posts and palings, palisadoes, or rails alone, laid up in the manner called a worm fence, which posts shall be deep set and strongly fastened in the earth; and all fences composed of posts and rails, posts and palings, or palisadoes, shall be at least five feet in height; and all fences composed of rails, in manner which is commonly denominated a worm fence, shall be at least five feet six inches in height, the uppermost rail of each and every pannel thereof supported by strong stakes, strongly set and fastened in the earth, so as to compose what is commonly called staking and ridering, otherwise the uppermost rail of every pannel of such worm fence shall be braced with two strong rails, poles, or stakes, locking each corner or angle thereof, and in all cases wherein any fence is composed of any of the foregoing materials, the apertures between any of the rails, palings, or palisadoes, within two feet of the surface of the earth, shall not be more than four inches, and from the distance of two feet from the earth, until the height of three feet six inches from the surface thereof, the appertures between such rails, palings, or palisadoes, shall not be more than six inches; and that in all worm fences, the worm of the same shall be at least one third of the length of the rails which compose the respective pannels thereof. SEC. 2. If any horse, mare, gelding, colt, mule, or ass, sheep, lamb, goat, kid, or cattle, shall break into any person's inclosures, the fence being of the aforesaid height and strength, or if any hog, shoat, or pig, shall break into any person's inclosure, the fence being of the afore1835p 144 said height and sufficiency, and by the view of two persons for that purpose appointed by the county commissioners, found and approved to be such, then the owner of such creature or creatures shall be liable to make good all damages to the owner of inclosure; for the first offence, single damages only; ever afterwards, double the damages sustained. Partition fences SEC. 3. For the better ascertaining and regulating of partition fences, it is hereby directed, that when any neighbors shall improve lands adjacent to each other, or when any person shall inclose any land adjoining to another's land already fenced, so that any part of the first person's fence becomes the partition fence between them, in both these cases the charge of such division fence, (so far as inclosed on both sides,) shall be equally borne and maintained by both parties to which, and other ends in this law mentioned, the county commissioners, yearly, and every year in the term next after the month of Jan |