Arizona citizen., 1877-03-31

County of Pima, Territory or Ari.
 zOna.
 Be it tenacted by the Legislative As
 sembly Of the Territory of Arizona:
 SECTION 1: All cultivated tracts ol
 land, in the county of Pima, Arizona
 Territory, clmmed or occupied by any
 person, shall be enclosed by a lawful
 fence.
 SEC, ?: Every enclosure shall be
 deemed a lawful fence, which shal
 be four and one-half feet high if made
 of stone or plank and which IS five and one-half feet high if made of rail.
 or poles; said fence in all cases to bC substantial and reasonably strong and
 made so close that horses, mules ol
 horned cattle cannot get through it; a lawful fence of hedge or brush shall be at least five feet high and sufficiently close to turn stock.
 SEC. ?; Any fence which by reliable evidence shall be declared strong and substantial and as well calculated to !, protect inclosures as either of those described in section two of this act shall be deemed lawful fence. i SEC. 1: If any horses, mules, jacks, iennies, hogs, sheep, goats or any neat cattle shall break into any grounds h. closed by lawful fence, the owner or I manager of such animals shall be liable to the owner, occupier or man. ager of said inclosed premises for all damages sustained by such tresspass, and if the tresspass be repeated by the neglect of the owner of such animal or animals, such owner or manager of said stock shall for the second ofenSe be subject 10 double the damages sus- ,ained by tue owners or managers of said premises, together with costs of suit.
 SEC ,: If the owner, occupier or manager of any grounds or crops in jurei by any animal or animals break ing into or entering on grounds in closed or not inclosed by a lawful fence, shall kill, main or materially hurt or injure any animal so breaking. into or entering on said grounds, he shall be liable to the owner for double. the actual damages sustained, and also for all costs incurred in a suit for such damages.
 SEC. G: Where Q fence has been erected by any person on the line of. his land and the person owning the land adjoining thereto shall make an .inclosure on the opposite side of such fence, so that such fence shall serve. to inclose his land also, he shall pay the owner of the fence erected cle-. half the value of somuch ot sai io1o as serves as a partition fence. Wnclty or more persons own land adjoining. which is Incloscd by one fence, an either desires that a partition fence shall be made between their lands, such persons shall notify Tn writing the party or parties in interest and each shall build his proportion of such partition fence and collect from such other parties in default by law just proportion of the costs of such parti- ton fence, together with costs of suit Partition fences dividing lands inclOsed on both sides shall be kept Tn repair by all the parties in interest If either party fails or neglects to repaIr fences after five days notice from the other party, the party giving the notice may repaT the same and collect by law a. due proportion of the expense of such repairs, together with costs of suit; any party having built or paid for al portion of a partition fence, shall have ihe right to remove or sell the same when such fence shall cease to be a. partition fence by the removal of the outside inclosures.
 SEC. ': In all cases of claims for the value of partition fences or repairs thereon, a lein shall attach on the land and notice of lein shall be filed in the County Recorders office as provided by law of Mechanics lein, and such claim shall draw interest from the time of such filing at the rate of if l teen per cent. per annun.
 SEC. s: This act shall not apply tol any tract of land of 300 acres or more, ! the same or any portion thereof being occupied and cultivated by one or more persons, if the whole of the said 300 acres can be irrigated by any spring or running stream of water, provided that when the said tract of land shall be occupied or used for the purpose of cutting the wild hay grow ing thereon, such ladd or the hay when cut shall be fenced in the same manner as iH thIs act before provided
 SEC. 9: That all the land now ir- riga,ed by the stream of the Santa Cruz. commencing at Reyenton Ranch down the stream to the Point of the mountain on said stream and also from the junstion of the RillitO with the Santa Cruz and its tributaries, shall oe fence land.
 SEC. 10: Hogs shall not be deemed and considered free commonerS, and |