§ 34-10-1. Lawful fences defined. The following fences shall be adjudged to be lawful fences:

(1) A hedge with a ditch shall be three feet (3') high upon the bank of the ditch, well staked, at the distance of two feet and a half (2 1/2'), bound together at the top and sufficiently filled to prevent small stock from creeping through; and the bank of the ditch shall not be less than one foot (1') above the surface of the ground.

(2) A hedge without a ditch shall be four feet (4') high, staked, bound and filled, as a hedge with a ditch.

(3) A post-and-rail fence on the bank of a ditch shall be four (4) rails high, each well set in posts, and not less than four feet and a half (4 1/2') high.

(4) A stone wall fence shall be four feet (4') high, with a flat stone hanging over the top thereof or a good rail or pole thereon, well staked or secured with crotches or posts.

(5) A stone wall without flat stones, rails or posts on the top, shall be four feet and a half (4 1/2') high.

(6) A woven wire fence of wire not less than number nine, firmly fastened to posts not more than sixteen feet (16') apart, constructed of not less than eleven (11) horizontal wires, the top wire not less than fifty-four inches (54") from the ground, the bottom wire not more than two inches (2") from the ground and with stays or uprights not more than six inches (6") apart.

(7) All other kinds of fences not herein particularly described shall be four feet and a half (4 1/2') high.

History of Section. (G.L. 1896, ch. 126, § 1; G.L. 1909, ch. 152, § 1; P.L. 1916, ch. 1386, § 1; G.L. 1923, ch. 182, § 1; G.L. 1938, ch. 645, § 1; G.L. 1956, § 34-10-1.)