The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1889-01-26


Be it enacted by the Legislative
Assembly of the Territory of Ida
no, as follows:
Sec. 1. Every railroad company
or corporation now in operation, or
which shall in the future operate
within the limits of this Territory,
shall be required to erect and main
tain a lawful fence on each side of
their track, through all lands en-
tered and being improved or op-
Grated as farms, orchards, pastures
or meadows, and along all cuts
more than six feet deep at any
place along the line of said road,
and at all crossings that are now
in use or may be hereafter opened,
and at each end of all cuts there
shall be placed proper cattle
guards.
Sec. 2. 1t shall be the duty of
the railroad company, lessee, per-
sons, company or corporation OPP
Grating any railroad, to erect such
lawful fence within six months
after the passage of this act, and to
continually thereafter keep the
same in good repair under such
pains and penalties as shhll herein
after be specified.
Sec. 3. Whenever a railroad,
corporation, lessee, person, COM
pany or corporation operating
said railroad, shall neglect
or refuse to build such fence as
provided for in this Act, the owner
or occupant of the land adjoining
any railroad, or over or through
where the said railroad track is or
may be laid, may give notice in
writing to such corporation or les
see thereof, or the person operating
such railroad, to build such fence
within thirty days, except during
the months of December, January
and February, after the service Of
such notice. The notice must de-
scribe the land on which said fence
is required to be built. The SER
vice of said notice shall be on the
operating company or person
through the road master or station
agent.
Sec. 4. If the parties so notified
shall refuse to build such fence in
accordance with the provisions O.
this Act, the owner or the occupant
of the land required to be fenced
shall have the right to enter upon
the land and track of the said rail.
road company and may build such
fence, and the said railroad com
pany is liable to the person build
ing such fence for treble the cost o
said fence, whichs may be allowed
therefor in a civil action in any
court having jurisdiction.
Sec. 5. For all stock killed O
injured, after the expiration of 81!
months mentioned in Section 2 o
this Act, by any railroad compan,
on any lands mentioned in this Act
the owner m ay recover damage
therefor in treble the amount Of the
| Judgment obtained before any cour
of competent jurisdiction.
Sec. 6. In all cases of appea
under this Act, the party appeal
ing must pay all costs and tn
costs of appeal. and all judgment
shall bear one and one.half pc
cent. interest per month until re
versed by a higher court. An.
proper officer is empowered to ex
ecute any judgment obtained unde
this Act on any of the property Q
the said railroad company excep
the U. S. mail car.
Sec. 7. The owner or operate
of any land specified in this Ac
shall have the privilege Of joinin
on to any fence built under tn
provisions of this Act.
Sec. s. This Act shall take et
feet and be i'll force from and ate
its passage.
The following bill introduced i
the House by Bailey, will probs
bly, pass in an amended form:
An Act to Establish and Protet
the Rights of Married Women:
Sec. 1. Henceforth women sha
retain the same legal existence a
ter marriage as before marriag
and shall receive the same prote,
ton of her rights as a woman
which her husband does as maj
! and for any unjust usurpation
her property, or national right
E she shall have the same right
appeal in her own name, alone,
the courts of law or equity, for
, dress that the husband has.
2 Sec. 2. Henceforth the RICH
and RESPONSIBILITIES of the paren