Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1881-04-23
SATURDAY, APRIL %, 1891.
SESSION LAWS.


SEcTION i. That in The counties Oi
Pennington, Custer, Lawrence, Mandan
and Forsythe a fence constructed IN the
manner hereinafter described shall be a
lawful fence.
First, By placing The ends Of ordinary
fence posts firmly in the ground At least
twenty inches deep and not more than
eight feet from each other, and by firm
ly fastening thereto good. sound rails or
poles of sufficient size, two to The panel.
the top rail or pole to be not less than
four feet from the surface Of the ground
and the bottom rail or pole not more
than fifteen inches from the ground,
with two wires, not less than the >ize OF
telegraph wire, firmly stretched and
secured to each post so as To equally
divide the space between The rails or
poles above provided for.
Provided, That two rails or poles be
substituted i'm place Of the wires.
Second. BY placing posts az provided
in the first Subdivision Of this section
but not more than eight feet apart, and
mailing or firmly fastening thereto or
binary sound fencing boards. two boards
aud two wires, the same rs provided IN
said first subdivision, TO the panel, said
boards and wires TO be fastened To each
post in the same position as provided
for rails aud poles and wires in the first
subdivision.
Provided, That two boards may he
substituted in the place of thc wire.
SEC. =. 1.-two or more persons Join in
the construction OF a partition fence
each party shall thereafter keep in good
repair his portion Of said fence and
neither party SHALL abandon his part OF
such partition renee or remove the same
or any portion thereof until after one
years notice to the other party or par
ties Interested therein Of his intention
SO to do, unless by the corfent of all
parties interested therein.
SEC. 3. ANY person or persons W
ing OF having in his or her or their pos
session or charge any horses, mules,
cattle or any one of such animals which
shall breach over or under, or breach
into any lawful inclosurc belonging 10
any person or persons other than the
II Of such animals. such person or
persons, owning or having in charge or
possession such preaching animal or an
imals shall be liable to the party or par
ties sustaining such Injuries. for all
damages. he she or they may have sua-
tanned by reason of such preaching ~
aforesaid, to be recovered in Il civil ac-
ton before any court having jurisdiction
thereof.
SEC. 4. Any person or persons occu-
pying or having the charge of an inc;os-
ure shall be considered the owner there
Of i'm II actions under the provisions
of the last section.
SEC. 5. The parties sustaining the
damage shall notify the owner or per
son having in charge such offending Il II
imals of such damage, and the probable
amount thereof.
Provided, He knows To whom sucii
animal or animals, belong and that such
owner or keeper resides within the
county where the damages was commit
ted; which notice shall bc giyen. and
demand for payment Of said damages.
shall be made, be ore ANY action shall bc
commenced and maintained Tor any
such damage.
SEC. g.. The person suffering SUCH
damage, done by animals, rs mentioned
in section three, may restrain and keep,
i'm custody, a. many Of such offending
animals, as are equal in value to the
damage done, until the finding of the
court, unless, before such suit, the
amount Of his claims or expenses OF
keeping such animals be rendered him.
SEC. 7. Ifupon the trial of any action
under the provision of section three, of
this act, it shall appear, by competetent
testimony that the plaintiffs enclosure
isa lawful fence under The provisions of
this act, he shall be allowed to prove the
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AC ItdS StdliiSt ii ''iNl0itN wv NsiAiiists 4
committing such damage the amount Of
the expense incurred for Keeping such
animals, and any Judgment rendered for
damages, costs and expenses against the
defendant, shall be IA lien upon the an
imals committing the damage. But, if
it shall appear, upon the trial, that the
plaintiffs enclosure is not a lawful fence,
or that no damage was sustained, iudg-
ment shall be rendered against the !
plaintiff for costs of suit and damages
sustained by defendant.
Sec. s. That the fcnce known as a
worm fence" or a stone wall, or any
renee constructed of any material, shall
be q lawful fences provided such worm
fence, wall or other fence, shall be as
effective for resisting preaching stock
as the fence made in the manner pre-
scribed by sectiol, one of this act.