, 1886-04-15
Queries Answered.

@'SHA iE2 ANEW CT ~
A subscriber Of the ARGUs, in Jef
ferson county, sends us the following
questions with request that they be
answered for the information OF all
who NAV be Interested:
1st, What is The law in this county
in reg ard to fencing! What is q
lawful fence against hogs, sheep and
horned stock?
I'd, What stock is allowed to run at
large on public domain?
Sd, Have we any law in regard to
the injury of dumb brutes, by dog
Sing or otherwise?
4ih, Are all unfenced lands re-
rarded az public domain?
5th, Is there any law governing
barbed wire fences?
A lawful fence in this Territory is
defined in the Code, p. 1872. Sec
24SS, as follows: 'Post and rail or
plank fences, five feet high. made of
sound posts FIVE inches in diameter.
set substantially in the ground not
more than ten feet apart, with four
planks not less than one inch thick
and six inches wide, securely fastened
by nails or otherwise, said planks not
moro than nine inches apart Post
and rail fences, with posts not more
than ten feet apart and rails not less
than four inches wide five of them)
made in all other respects the same
as the first described. Worm fences
made in the usual way, of sound, sub
stantial rails or poles, five feet high,
including riders with stakes firmly
set in the ground and spaces no
greater than in post and plank OF
rail fences, except the two lower
spaces which shall not be more than
four inches, and the top spaces be
tween riders, not to be more than
sixteen inches. Ditch and pole, OF
board or rail fence, shall be made OF
ditch not less than four feet wide
on top and three feet deep, embank-
ment thrown up on the inside of the
ditch with substantial posts set in
the embankment not more than ten
feet apart, and plank, pole or rail
securely fastened to said posts, at
least seven feet high from the bottom
of the ditch. All other fences as
strong and as we'll calculated to pro
tect enclosures as either of those de-
scribed shall be lawful fences"
Any person making and maintain
ing in good repair such fence around
his or her enclosure may recover in q
suit for trespass. of the owner of any
animal or animals that break through,
in full for all damages caused by such
animals, together with costs, and the
animal or animals may be held for
security. Provided, that the fence SO
broken must be examined by three
disinterested practical farmers within
five days after the trespass. If be
fore tho trial, the owner of the tres
passing animal tenders the injured
party sum sufficient to cover the
damages and costs that may have
accrued, and the person injured shall
refuse the same, then he cannot
recover for additional costs, but only
for actual damages awarded. If the
owner of an unruly animal, allows
such animal to run at large after
having been notified that it is in the
habit Of breaking through or throw
ing down fences, then such owner
shall be liable for all damages caused
by such animal and by any and all
other animals that may be in company
with the saIne.
All live stock are allowed to run
at large on the public domain, except
certain male breeding animals.
When a lawful fence is broken
into by unruly animals, the owner or
custodian Of the premises has right
to use such force or means as may be
necessary to eXpel the intruders in
order to prevent further less; but
such expulsion must be done without
injury to the animal or animals, il
possible. The injured person must
not resort to malicious injury to
dumb brute5 IN retaliation for injur-
les real or imaginary, hut must look
TO the owner of the stock for conpen-
sation for loss,
All unfenced lanls in jefferson
county are regarded as public do
main, except The city of Port Town
send which is subject to municipal
regulations.
The law IN regard to barbed wire
fences in this Territory preseribes
The following as lawful fence:
Posts set no more than thirty feet
apart; three barbed wires stretched
and securely fastened to the post:
the first wire twenty-five inches from
the ground; the second wire thirty
four inches from the ground; the
third wire forty y-eight inches from
the ground; four light strips or poles
in every thirty feet securely fastened
70 the wires perpendicularly so that
the space between the posts, strips or
poles shall be about six feet apart;
posts set no more than twenty feet
apart with two barbed wires and one
plank, pole or rail or three rails shall
constitute lawful fence" See Code,
PIP. SIS 80.
Every person maintaining barbad
wire fence must keep the wirrs fas-
tened to their proper places, and is
liable to fine Of so to $50 for peg