The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1895-04-06
OR FENCE
LAW
Which Will You Have ?

Which Will You Have I?
The following is vsrbatum the bill rs
passed during tho last Legislature con-
corning the proposed change in the herd
law. Read it carefully so that you may
know how to act when the time comes to
take action on the proposed changes i'll
the law that has we'll stood the test for
twenty-eight years in the Dakotas.
For an act to provide for the abolish
ment of the provisions OF Chapter 80 Of
tho Code of Civil Procedure. Entitled
"Herd Law" in counties where a majority
Of the qualified slsetors so elect; to pro-
vide for an election upon the question of
suoh abelish,nent, and to establish a fence
law In such counter.
BE it enacted by the Legislative Assem-
bly, Of the state Of North Dakosa:
Section /. The board of county com
missioners of any county shall, Whenever
they shall be presented with a petition
signed by on..third Of the qualified elect
orsof said county, askiag that the provis-
ions of Chapter 80 of the Code of Civil
Procedure be- abolished therein, order an
election to be held, at which election the
aualihsd electors of such county shall vote
upon the question of abolishing the pro-
visions of Chapter 10 of the Code Of
Civil Procedure in such county. Such
elections shall be III all respects conducted
AZ general elections are conducted and the
order Of the board OF county commissioner
calling for suoh elections shall be made at
least sixty days before such election is
held, and notice of such election shall be
given in the same manner and for the
same length Of time A. notices Of general
elections.
Section 2. All persons voting at any
election held under the provisions of this
act who are in favor Of the adjustment of
the provisions Of Chapter % Of the Code
of Civil Procedure, entitled "Herd Law
shall have written or printed On their bal
lots against the herd law" and those who
are opposed to the abolishment of the pro-
visions of said Chapter 80 Of the Code of
Civil procedure shall have written OF
printed "n their ballots for the herdlaw.'
Section 3. Should a majorit' Of the
ballots cast At such election be against
the herd law" the provisions OF said
Chapter rs of the Code Of Civil Procedure
entitled Herd Law shall be thereby
abolished in such county,
Section 4. At any subsequent genera
election, but at no other time, after an
election has been nee held under the pro-
visions of this chapter, the question of re.
establishing the provisions Of said Chapter
IS of tho Code ot Civil Procedure within
any county having abolished the sanlo, 81
of aboIisl'ing the provisions of said
Chapter 80 OF the Code of Civil Procedure
in any county which has once refused to
abolish the same under the provisions OF
shis chapter, may be again submitted by
the board Of commissioners Of IL sucl,
county to a . t Of ths qualified electors
thereof, to he voted upon in the same
manner a. provided for the fist election,
rs set forth in Sections l, 2 and 3 of this
act. The result Of any election held under
the provisions Of this act shall remain in
force until changed at some subsequent
election held hereunder.
Section S. If any county in which an
elsets0n has been hell under the provisions
Ut The act, and where the result of such
election shall have been declared to be in
favor of abolishinx the provisions Of
Chapter 80 Of tho Code of Civil Procedure
q fence constructed as hereinafter des-
cribsd shall he ~snfisisnt aud lawful.
Posts or other upriyhts Of reasonable
strength and firmnofs in position, not
more than thirty two feet distant from
each other, with two suitable stays between
posts, nearly squally dividing sssh space
in three parts, with three ordinary barbed
fence wire we'll stretched and firmly
fastened to such posts, upriKhts and stays,
with the upper strand not moro than
forty-eight nor less than ~forty-two inches
above the general surface of the ground
Hereunder, and the lower strand shall
not be more than eighteen nor less than
twelve inches above tbs general surface of
ground hereunder, and the middle strand
shall nearly equally divide thu space be.
tween the upper and lower strands;
Provided, That all corral fence, 9 exclusively
for purposes of enclosing stacks, if cut
side of any lawful enclosure, shall not be
less than sixteen feet distant from Auch
stacks 90 enclosed, shall be substantially
built with posts not more than eight feet
distant from each other, and With no less
than i've strands of barbed fence wire,
and shall b not less than avs feet high.
Section 2. Any other kind of a'fence r
barrier. ~ effective for the purpose of a
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