Arizona silver belt., 1889-04-13
NEW FENCE LAW.
TO REGULATE LAWFUL FENCES AND TRES
 PASS WITHIN THE SAME.

TO REGULATE LAWFUL FENCES AND TRES
 PASS WITHIN THE SAME.
 Be it enacted by the Legislative As sembIy of ths Territory of Arizona:
 SECTION 1. Every enclosure shall be deemed under lawful fence when the said fence is constructed as fol- lows.
 All fences not less than fifty-four inches high. consisting of boards firm ly fastened to pests we'll set and not more than nine feet apart, the space between the boards net more than eight inches, shall be considered law ful and sufficient fence, and all fences fifty -four inches high, consisting of four barbed wires firmly fastened to posts well set, not mere than thirty feet apart, with good stays extending from the top wire 10 ground placed every feet between posts, each wire being firmly fastened to such stays, the bottom wire being placed not less than eighteen inches rem the ground, and the other three wires about equi- distant apart from the bottom wire 10 the top of the fence shall be deelaed sufficient and legal fence. When barbed wire is used for a fence, board CT 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, sr other ma.erlal which shall be equivalent 10 the beard or barbed wire fence herein described shall be legal and suficlent fence.
 SEc. ?. Ne person or persons shall be entitled to aaaeges for stock trss- passing upon cultivated CT improved lands, unless such land is enclosed within a lawful fence.
 SEC. 5. When any stock shall break into any enclosure enclosed by a law ful fence and damage the crops or property in any way, including the breaking oi the fence, tue said stock shall be hable to the swRer oi the premises for the said damages, and may be held, advertised and sold for tue same, tue damages to be assessed by three uninterested persons, and netice of sale be posted m three pub- llc places in the precinct where such damage occurs for at least five days prior to sad sale.
 SEC. 4. The Boards of Supervisors 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 spe- eial meeting called for that purpose, ts designate districts wlthin their re spective counties within which owners or persons in possession ef lands. shall or shall not fence the same, They shall designate such dlstrlcts by num- berS and well marked boundaries ac- cording to natural marks or govern ment lines, which action shall be spread upon the minutes and become & part of the records ef the Beard.
 SEC ). After they have designated and marked the exterior boundaries of said districts, they shall cause to be published in some newspaper pub lished in the county a copy of such proceedings as are provided fer in the preceding section, once week Tor four successive waaks, after which last pub lication said fence districts or no fence districts as established by the Boards of Supervisors under this act, shall be the law of thls Territory governing the same, and in all suits, civil or pc nal, that may arise after such publica- ton, shall be the law to govern the courts in which such suits may ae 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 CT part thereof designated by order of the Board of Supervisors to come within the provisions of thls aet are hereby repealed.
 SEc. :. This act shall take effect and be in force from an after its pas sage.
 Approved March 10th, 1889.
 Says the El Paso Tribune: Two parties under the charge of Lieut.