Arizona weekly enterprise., 1889-04-13
The New Fence Law.
To REGULATE LAWFUL FENCES AND
 TREsPAss WITHIN THE SAME.

TRESPAsS WITHIN THE SAME.
 Be it enacted by the Legislative As sembly of the Territory of Arizona:
 Sec. l. Every enclosure shall be deemed under lawful fence when the said fence is constructed as follows: All fences not less than fifty four inches high, consisting of boards firm ly fastened to posts well set and not more than nine feet apart, the space between the ground and the bottom board not more than eight inches, shall be considered lawful and suffi- cient fence, and all fences ffty-four inches high, consisting of four barbed wires firmly 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 ing firmly fastened to such stays, the bottom wire being placed not less than eighteen inches from the ground, and the other three wires about eqi dis tant apart from the bottom wire to the top of the fence shall be deemed legal and sufficient fence When barb ed wire is used for fence 8 board or pole may be used in place of the top wire when properly and securely fastened and stayed; and all fences consisting of rails, timbers, stone walls, brush, hedge, adobe, or other mater ial, which shall be equivalent to the board or barbed wire fence herein de scribed shall be a legal and sufficient 1 fence
 Sec. 2. No person or persons shall be entitled to damages for stock tres passing upon cultivated or improved lands, unless such land is enclosed within lawful fence
 Sec. 3. When any stock shall break into any enclosure enclosed by lawful fence and damage the crops or property in any way, including the breaking of the fence, the said stock shall be liable to the owner of the premises for the said damages, and may be held, advertised and sold for the same, the damages to be assessed by three uninterested persons, and notice of sale be posted in three pub lie places in the precinct where such damage occurs for at least five days prior to said sale.
 Sec. 4. The Boards of Supervisors ol the counties of the Territory are here by empowered, authorized and 1t is made their duty, within thirty days after the passage of this act, at a special meeting called for that pur
 pose, to designate districts within theil
 respective counties within which own
 CTS or persons in possession of lands
 shall or shall not fence the same They
 shall designate such districts by mum bers and well marked boundaries ac
 cording to natural marks or govern fSment lines, which action shall b. spresa upon the minutes and becem, a part of the; records of the Board.
 Sec. D. After they have designated and marked the exterior boundale } ofsaid districts, they shall cause to b'
 lfP,lhsis1ed iu-some newspaper publish ed in the county a copy of such pro ceedings as are provided for in the pre-
 ceedings section, once a week for fou successive weeks, after which last pub lication said fence districts or rt
 fence ulSIrlcIS as eSIdDIlSHeu Dy LII Boards of Supervisors under this act shall be the law of this Territory gov erning the same, and in all suits, civi or penal, that may arise after sucl 7 publication, shall be the law to goverl , the courts in which such suits may b
 brought under this act.
 Sec. 6. All acts and parts of act . in conflict with the provisions of thi f act, so far as they effect any county o part thereof designated by order of tn , Board of Supervisors to come withi the provisions of this are hereby rt
 pealed.
 a. Sec '. This act shall take effec !, and be in force from and after it r passage.
 ] Approved March 18th, 1889.