Wasson

The Political Code, section 19, retains in force the provisions of all acts in relation to lawful fences. There was then in force the act of April 3, 1860 (Stats. 1860, p. 141), amendatory of the act of 1850, concerning lawful fences, but the act was in force in only a part of the counties in this State. The fifth section of the act, as amended, makes provision for the recovery of one-half of the value of a division fence from the owner of the adjoining land, after ho has also inclosed his land. The Civil Code, section 841, also provides for the liability of coterminous oivners of lands for a just proportion of the value of division fences.

If the provisions of the act concerning lawful fences were applicable to all the counties in the State, a conflict would arise between the fifth section as amended, and section 841 of the Civil Code. It is provided by section 4480 of the Political Code, that “with relation to each other, the provisions of the four Codes must be construed (except as in the next two sections provided) as though all such Codes had been passed at the same moment of time, and were parts of the same statute.” Such a construction must therefore be given to those…