The Arizona sentinel. [volume] (Arizona City [Yuma], Yuma County, A.T. [Ariz.]) 1872-1911, 1889-04-06
THE NEW FENCE LAW.
AN ACT
To REGULATE LAWFUL FENCES AND
TREsPAss WITHIN THE SAME.

To REGULATE LAWFUL FENCES AND
TREsPAss WITHIN THE SAME.
Be 1t Enacted By the Legislature
Assembly of the Territory Of ar
i@ona
Sec. One (D. Every enclosure
shall be deemed under lawful fence
when the said fence is contracted
as follows: All fences not less than
ffty-four inches high, consisting of
boards firmly fastened to posts well
set not more than nine feet apart the
space between the ground and bottom
board and each space between the
boards, not more than eight inches,
shall be considered lawful and sutfi-
cient fence, and all fences tifty-four
inches high consisting of four barbed
wires Gmly fastened to posts well set
not more than. thirty feet apart with
good stays extending from the top wire
to the ground, placed every eight feet
between the posts, each wire being
firmly fastened to such stays, the bot
tom wire being placed not less than
eighteen inches from the ground and
the other tlree wire about equi distant
apart from the bottom wire to the top
of the Fence, shall be deemed legal
and sufficient fence, when barbed wire
is used fora fence, a board or pole may
lie used in place of the top wire, wher
properly and securely fastened and
stayed; and al fences consisting of
rails, timbers, stone, hedge, walls,
brush, adobe, or other material, which
shall be equivalent to the board or
barbed wire fence herein described
shall be deemed legal and sufficient
fence.
Sec Two (2). No person or persons
shall be entitled to damages for stock
trespassilg upon cultivated or ilnprov-
ed land anless such land is enclosed
within a lawful fence.
Sec. Three (3), When any stock
shall breik into any enclosure enclosed
by a lawful fence and damage the
crops or property, in any way includ-
ing the breaking of the fence the said
stock shall be liable to the owner of
the said rremisee for the said damages
and may be held advertised, and sold
sor the same, the damages to be assess
ed by three uninterested persons, and
notice of srle be posted in three public
places in the precinct where such
damage occurs for at least five days
prior to said sale.
Sec. Four AZ. The Board of Super
visors Of the Counties of the Territory
are hereby empowered, authorized, and
it is made their duty, within thirty
days after the passage of this act, at a
special meeting called for that purpose,
TO designate districts within their res
pective counties within which owners
or persons in possession of lands shall
or shall not fence the same; They
shall designate such districts by num-
6ers and well marked boundaries
according to natural objects or govern
ment lines, which action shall be
spread upon their minutes and become
part, Of the records of the Board.
Sec. Five (5). After they have
designated and marked the exterior
boundaries of said districts, they
shall cause to be published in some
newspaper published in the county a
copy of such proceedings as are provi-
ded for in the preceding section once
week for four successive weeks, after
which last said publication said fence
districts or no fence districts, as esta-
blished by the Board of Supervisors
under this act shall be the law of this
territory governing the same, and in
all suits, civil or penal, that may
arise, after such publication, shall be
/ The law to govern the courts in which
such suits may be brought under this
act.
Sec. 6. All acts and parts of
acts in conflict with the provisions OF
this act so far as they affect any county
or part thereof designated by order of
the Board of Supervisors to come with
in the provisions of this act are hereby
repealed.
Sec. 7. This act shall take effect and
be in force from and after its passage.
Approved March 10Th 1889.
An act relating to marriages
| 1901 ~, both Ho,,Coc ond ciuno1