Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-04-29
INQUIRY ABOUT FENCES.
Peculiar Features of the Law Upon the
Subiect-The Rane of LEGISLATION.


EDS. REcoRp-UNIoN Must a man build
fence in order to keep other peoples stock OFF
his ranch? Is not the law to the effect that a
man must keep MS stock on his own land, or
pay damages Has man the right TO pasture
his stock on a road or public highway? B.
Sacramento, April To- 1885.
REPLY.-There is very little of general
law-law of general application-existing
in this State upon The subject of fences.
Most of the counties have special statutes
upon the subject This kind of special
legislation was formerly carried TO ridicu-
lous extent in California, so much so that
it may almost be said that every farmer has
statute of his own as to fences and tres
passing animals. This is well illustrated
by the law covering Sacramento. cosnty, as
amended in 1868. and which reads as fol-
lows:
..If any horse, mule, jack iennet hog, sheep,
goat or any head of neat cattle, shall trcspasS
upon any cultivated field during the sowing,
planting growing or harvesting season, and
until the crop or crops are removed, or shall
trespass upon any garden or orchard, whether
such cultivated field garden or orchard is or Is
not inclosed by Il lawful fence. the owner or
owners of any such horse, etc. shall be liable
! Tor all damages sustained by reason OF such
| treSpaSs, the same as if such cultivated field,
garden or orchard were incloSed by lawful
fence: prOrided that this Act shall only apply to
| that portion of Sacramento county living south
| of the American river, on the east bank of the
Sacramento river. and extending from the sac
ramento river to the lower Stockton road and
prorided jtrthe, that this Act shall not apply to
that portion of Sacramento county lying south
| OF the Costumes river.
| Here il will be seen are different rules of
| law laid down for two separate portions of
Sacramento county, while the remaining
portion of the county is divided into sew
| eral more small parcels with different law
| for each. 1t is no wonder that the last
| Constitutional Convention so amended the
organic law rs TO absolutely prohibit all
| special legislation, and requiring that all
statutes shall be Of general application.
Ii will be seen by the section above
| quoted that in the Sacramento river section
no fences were required to protect crops,
| but the owner of cattle etc, must attend to
| his stock or pay damages if they tres
passed during the time that crops were
growing or in the field; while south of the
Costumes it was specially provided that
| this protection should not apply. Another
statute upon the subject OF fences, but not
repeating the one above, concludes i'll these
words
This Act shall apply only to the counties of
Sacramento Soano Marin, Butte, Yolo and,
| further prOUded that the portion of Sacramento
| county lying south of the Costumes river shall
| ,
prorided this Act shall not apply to that portion
| of Sacramento county lying north of the Amer
lean river and east of the Marysville road.
| These quotations show but a por-
ton of the patches into which this
county is subdiyided in its fence laws, and
no doubt many mans farm has tour or
five different laws applying to his posses
sions, because extending into as many of
these foolish, confusing subdivisions. Was
ever 4 State so legislated to death or
possessed of so many evidences of legislat-
i've incapacity?
1t was expected, when the new Constitu-
ton was adopted, that however great Il
number of cranks or lunatics should there
after accidentally hold seats in the legislat-
i've councils, they would be powerless TO
further incumher the statute books with
Acts for the benefit or punishment of
special individuals or localities, but even
this was a mistaken idea, for no longer ago
| than the last session an Act of general
application - was passed concerning the
hight to which partition fences might be
built in cities, but which was for the sole
and special benefit of woman on L street,
in this city, who. by the aid of the Legis-
ture, thus readily acquired, proposes to
reduce the hight of her neighbors' fences.