This scale applies to the time of contracting and not to the times said debts become due.

Code, ss. 2495, 2496; 1866, c. 39, s. 1; 1866-7, c. 44.

NOTE. For evidence in indictment for enticing minors from state, see s. 3630. For evidence in cases of hunting by night, see s. 3462.

For evidence necessary in cases of disposing of mortgaged property, see s. 3435. For evidence in indictments for secreting seamen, see s. 3557.

For students as witnesses against lewd women, see s. 3353.

For evidence to convict of seduction, see s. 3354.

For what necessary to allege and prove in prosecutions for selling seed cotton, see s. 3812.

For evidence in prosecution for selling liquor in local option territory, see s. 2060.

For evidence in cases of gaming, see Gaming Contracts.

For evidence in suits against sureties on official bonds, see Bonds.

For recitals in tax deeds as evidence, see s. 2909.

See Burnt and Lost Records.

For proof of loss of baggage, see Innkeepers, s. 1914.

For certified copies of judgments as evidence, see s. 569.

See Commissioners of Affidavits.

Vouchers evidence of payment by administrator, see Administration, s. 101. For evidence against principal as against surety, see s. 285.

1660. Fences to be five feet high. Every planter shall make a sufficient fence about his cleared ground under cultivation, at least five feet high, unless otherwise provided in this chapter, unless there shall be some navigable stream or deep water-course that shall be sufficient, instead of such fence, and unless his lands shall be situated within the limits of a county, township or district wherein the stock law may be in force.

Code, s. 2799; R. C., c. 48, s. 1; 1777, c. 121, s. 2; 1791, c. 354, s. 1.

1661. Four and a half feet in certain counties. A fence four and one-half feet high shall be a lawful fence in the counties of Cumberland, Currituck, Cherokee, Burke, Rutherford, Yancey, Wilkes, Caldwell, Duplin, Jackson, Alleghany, Davidson, Harnett, Hender

son, Wake, Craven, Richmond, Davie, Bladen, Northampton, Washington, Randolph, Robeson, Tyrrell, Brunswick and Lenoir: Provided, this section shall not apply to stock law fences.

1889, c. 175; 1891, c. 36; 1891, c. 233; 1905, c. 333.

1662. Four feet in certain counties. A fence four feet high shall be a lawful fence in the counties of Carteret, Pamlico, Hyde, New Hanover, Buncombe, Madison and McDowell.

1885, c. 304; 1887, c. 66; 1889, c. 390; 1903, c. 66; 1903, c. 211.

1663. Water-courses, on application to commissioners, made. Any five electors, residents of the same county, may apply to the board of commissioners of the county, at any regular meeting of the same, by written petition praying that any water-course, or any part of any water-course, in the county, may be made a lawful fence. Notice of such petition shall be posted forty days at the courthouse door, by the clerk of the board before such petition shall be acted upon. Upon the hearing of such petition, the board of county commissioners is authorized to declare any water-course, or any part of any water-course to which the petition applies, a lawful fence. And the several acts of the general assembly, declaring certain watercourses, in part or in whole, lawful fences, are so far repealed as to enable the board of commissioners of any county to declare any of such acts, or parts thereof, to be null and void in said county. Any order made under this section shall be of record and signed by the chairman, and may be rescinded by the board of commissioners at any regular meeting.

Code, ss. 2808, 2809, 2810; 1872-3, c. 98.

II. JOINT FENCES.

1664. Jointly maintained. Where two or more persons shall have lands adjoining, which shall be either cultivated or used as a pasture for stock, the respective owners of each piece of land shall make and maintain one-half of the fence upon the dividing line.

Code, s. 2800; 1868-9, c. 275, s. 1.

1665. Jointly paid for, when. Where the owner of one piece of land shall have chosen neither to cultivate his land, nor to pasture, nor to permit his stock to run on it, if he shall afterwards do either, without so enclosing such stock that they can not enter on the lands of such adjoining owner, he shall refund to such owner one-half the value at that time of any fence erected by him on the dividing line. Code, s. 2801; 1868-9, c. 275, s. 2.

1666. Value of dividing fence ascertained, how. The value of such fence shall be ascertained as follows: Either owner may summon the other to appear before any justice of the peace of the township in which the dividing line is situate; or if it be situate in more than one township, then before any justice of the peace of any township in which any part of it is situate. In his summons he shall name a certain day, not less than five days after the summons, for the appearance of the defendant; he shall also state the purpose of the summons to be the adjustment of all matters in controversy respecting the dividing fence between the parties. The justice shall hear the complaint and defense. If the facts be found such as entitle either party to demand contribution of the other, the justice shall call on the complainant to name an indifferent person, qualified to act as a juror of the township, and if the complainant refuses the justice shall name one for him. The justice shall then call on the defendant to name an indifferent person, qualified to act as a juror of the township, and if the defendant refuses the justice shall name one for him. The justice shall then name a third indifferent person. These three persons, or any two of them, shall view the premises and decide all matters in controversy between the parties, relating to a fence on the dividing line. They shall make a written report to the justice, who shall give judgment thereon, and for the costs, which shall be paid by the owners of the several pieces of land equally. The jurors shall each receive one dollar per day. The fees of the justice and constable shall be as in other cases. Either party may appeal as provided in other cases of justices' judgments. Code, s. 2803; 1868-9, c. 275, s. 3.

1667. Jurors to report how fence kept up. The report of the jurors shall also state the kind of fence which ought to be kept up, and assign to each owner, in such manner as that it may be identified, the part which he shall keep up.

Code, s. 2804; 1868-9, c. 275, s. 4.

1668. Report registered by register of deeds. The justice shall return the report, together with a transcript of the proceedings, to the register of deeds of his county for registration. The justice shall collect from the parties the fees of the register, and pay the same to him.

Code, s. 2805; 1868-9, c. 275, s. 5.

1669. Final judgment binding. The final judgment upon the report of the jurors shall be binding on the owners of the respective lands and their assigns, so long as such ownership shall continue, or until the same shall be set aside, modified or reversed.

1670. Remedy against delinquent owner. If any person who is liable to build or keep up a part of any division fence, shall fail at any time to do so, the owner of the adjoining land, after notice, may build or repair the whole, and recover of the delinquent one-half of the cost before any court having jurisdiction.

Code, s. 2807; 1868-9, c. 275, s. 7.

1671. How removed. If any owner of land liable to contribute for the keeping up of a division fence, shall determine neither to cultivate his land nor permit his stock to run thereon, he may give the adjoining owner three months' notice of his determination; and in that case, at any time after the expiration of such notice, and between the first day of January and the first day of March, but at no other time, he may remove the half of the fence kept up by himself, and shall be no longer liable to keep up the same.

Code, s. 2802; 1903, c. 20; 1868-9, c. 275, s. 8; 1883, c. 111.

NOTE. Removal of joint fence a misdemeanor, see s. 3412.

III. STOCK LAW.

1672. County elections. Upon the written application of onefifth of the qualified voters of any county made to the board of commissioners thereof, it shall be the duty of said commissioners from time to time to submit the question of "stock law" or "no stock law" to the qualified voters of said county. And if at any such election a majority of the votes cast shall be in favor of said stock law, then the provisions of this chapter relating to the stock law shall be in force over the whole of said county.

Code, s. 2812.

1673. Township elections. Upon the written application of onefifth of the qualified voters in any township, made to the board of commissioners of the county wherein said township is situated, it shall be the duty of said commissioners to submit the question of "stock law" or "no stock law" to the qualified voters of said township; and if at any such township election a majority of the votes cast shall be in favor of "stock law," then the said stock law shall be in force in said township.

Code, s. 2813.

1674. District elections. Upon the written application of onefifth of the qualified voters of any district or territory, whether the boundaries of said district follow township lines or not, made to the board of county commissioners at any time, and setting forth welldefined boundaries of said district, it shall be the duty of the said

commissioners to submit the question of "stock law" or "no stock law" to the qualified voters of said district, and if at any such election a majority of the votes cast shall be in favor of "stock law," then the said stock law shall be in force over the whole of said district. Code, s. 2814.

1675. Persons within territory allowed to withdraw. Upon the written application of a majority of the qualified voters in any district, territory or well-defined boundary, made to the board of county commissioners, at any time, setting forth that the citizens of said district, territory or boundary are within the stock law boundary, and are desirous of being released from the laws governing said stock law territory, it shall be the duty of said commissioners to submit the question of "no stock law" or "stock law" to the qualified voters of said district or territory, and if at any such election a majority of the votes cast shall be against stock law, then the said district or territory shall be released and free from the operation of the stock law: Provided, the expense incurred in changing the fence in such boundary, district or territory so released be paid by the property holders in such boundary, district or territory, and that the commissioners of the county levy the tax to pay the same on the property holders of such boundary, district or territory so released, but they shall not be further liable for keeping up said stock law fence: Provided, that in any territory where stock law now prevails no election against stock law shall be held in less than two years from the date of the election adopting stock law in said territory: Provided further, that if "no stock law" should carry, it shall not take effect until six months from the date of its ratification: Provided still further, that neither "stock law" or "no stock law" shall take effect during crop season. This section shall apply only to the counties of Jackson, Graham, Swain, Clay, Macon, Cherokee and Randolph.

1895, c. 35; 1897, cc. 461, 516; 1903, c. 60.

1676. Elections, how held. Every election under this chapter shall be held and conducted under the same rules and regulations and according to the same penalties provided by law for the election of members of the general assembly: Provided, no such county, township or district election shall be held oftener than once in any one year, although the boundaries of such district may not be the same. Code, s. 2815.

1677. Powers and duties of commissioners. The board of com missioners of the county may provide for a new registration of voters, designate places for holding elections, and make all regula tions, and do all other things necessary to carry into effect the pro visions of this chapter relating to the stock law.

Code, s. 2826.