44-8-302 - Common enclosure of lands under written agreements Specifications.
44-8-302. Common enclosure of lands under written agreements Specifications.
It is lawful to prescribe, in such an agreement, the means and method by which the common enclosure shall be constructed and maintained, regulations for the use and enjoyment by each owner of the lands embraced in the enclosure, the penalties to be imposed upon each for violations and how the penalties shall be imposed, the mode of assessment of damages occasioned by trespassing stock of the parties to the agreement, and the length of time it shall continue in force. The agreement may also provide for impounding, feeding, and caring for trespassing stock of the parties to the agreement found within the common enclosure, and for a lien upon trespassing stock to secure the penalties and damages assessed against the owner on that account, and for the enforcement of the lien by sale. All such provisions, not in violation of any law, shall be binding upon all parties to the agreement.
[Acts 1897, ch. 48, § 2; Shan., § 3001a2; Code 1932, § 5217; T.C.A. (orig. ed.), §§ 44-1716, 44-9-302.]