Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-03-08
ABOLlSHING THE HERD LAW.
vii re u Mo pc I EI.g. 81

>. Is. NO. S6. t
An Act to Provide for the Adjustment of
the Provisions of Chapter 80 of the Code
OF Civil Procedure, entitled Herd Law"
Qualified Electors SO Elect to Provide
for an Election upon the Question of
Such Adjustment, and to Establish a
Fence Law in Such Counties.
Be 1t enacted, ETC.:
SECTION l. The board of county COM
missloners of any county shall, whenever
they shall be presented with q petition
signed by one-third of the qualified elect
ors of said county. asking that TIM provis-
ions of Chapter 38 of the Code of Civil Pro-
cedure be abolished therein, order an cleo
lhed electors OF such county shall vote
upon the question Of abolishing the pro-
visions of Chapter 80 of the Code Of Civil
Procedure in such county. Such election
n pc IN all respects conducted as gen
era! elections are conducted, and the order
of the board of county commissioners call
ing for such election shall be made at
least sixty days before such election is
held, and notice of such election shall be-
given in the same name and for the
same length of time as notices of general
elections.
SEC. 2. The ballots to be used at such
elections shall be in the following form:
Gol GlAO uClu q duu dkukIlSG Guc nero
law" In voting on the question each voter
must place to the left Of the proposition NJ
favors the mark TX"
.SEc.3. Should a majority of the ballots
cast at such election be against the herd
law" the provisions of said Chapter 80 of
the Code OF Civil Procedure, entitled herd
law" shall be thereby abolished in such
county.
SEC 4. At any subsequent general cleo
ton. but at no other time, after an election
has been once held under the provisions of
this chapter, the question of r~e-cstablish-
ing the provisions of said Chapter 38 of the
Code OF Civil Procedure within any county
having abolished the same, or of abolish
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 this chapter.
may be again submitted by the board of
county commissioners OF any such county
to a vote of the qualified electors thereof.
to be voted upon in the same manner as
in Sections l, 2 and 8 of this act. The re-
suit of any election held under the provis-
ions Of this act shall remain in force until
changed at some subsequent election held
hereunder.
SEC. s.. If any county in which an cleo
ton has been held under the provisions of
this act, and where the result of such cleo
y A"Eo OSSA Nl0k " DO III ldVUl
OF abolishing the provisions of Chapter 80
of the Code of Civil Procedure. a fence
constructed as hereinafter described shall
be sufficient and lawful.
SEC. 6. Posts or other uprights of rea-
sonable strength and frmness in position,
not more than t~hirty-twO feet distant from
each other, with two suitable stays be-
space IN three parts, with three strands of
ordinary barbed fence wire we'll stretched
and firmly fastened to such posts, uprights
and stays, with the upper strand not more
than forty-eight nor less than forty-twO
inches above the general surface Of the
ground hereunder, and the lower strand
snail not be more than eighteen nor less
face of the ground hereunder, and the
middle strand shall nearly equally divide
the space between the upper and lower
strands: provided, that all corral fence, TX
cluslvely for purposes of enclosing stacks,
If outside of any lawful enclosure, shall
not be less than sixteen feet distant from
such stacks so enclosed, shall be substan-
TALLY built with posts not more than eight
feet distant from each other, and with not
less than five strands of barbed fence wire.
ard shall be not less than five feet high.
SEC. Z. Any other kind of a fence or
barrier, as effective for the purpose OF a
fence as that provided in Section 6 of this
chapter, is hereby declared sufficient and
lawful.
SEC. 8. Any person owning or having
III charge any horses, mules, cattle, sheep
or goats, or any such animals, which shall
breach or break through, over or under
any lawful fence. not the property of the
owner OF such offending animals, shall be
liable tn the party having sustained injury
by reason OF such preaching or breaking,
to be recovered in a civil action, before any
coult of competent Jurisdiction, and it
shall be sufficient in any such action, that
it was a lawful fence where the breach
was made, and the proceedings shall be
the same as in other civil actions. except
as herein modified.
SEC. 9. Any person owning or hay
ing IN charge i n any county adopt
ing the provisions Of this chapter,
as herein provided, any swine which
shall trespass upon the lands or premises
OF another. including premises in towns.
villages and cities, whether such lands or
premises are fenced or not fenced. such
person owning or having in charge such
~trespasslng swine shall be liable to any
ages he may sustain by reason of such
t~respassing, to be recovered in a civil ac-
ton before any court having jurisdiction
thereof, and the proceedings shall be the
same in all respects as in other civil ac-
tlons, except as herein modified.
CtC. w. Lie pdIGlcS sustaining damages
done by such trespassing animals. as men
toned in Sections 8 and 9, before com
menclng action thereon shall notify the
owner or person having in charge such
offending animals of such damages. and
the probable amount thereof, provided he
be- known, to whom such offending animals
belong, and that the owner or the person
in charge resides in and is within the
county, and he may retain and keen in
custody such offending animals until the
DAMAGES so sustained and costs are maid
or until sufficient security be given for the
same; provided, that the person so restrain
ing such offending animals shall, without
necessary delay, notify the owner or ner-
son In whose custody the same was at the
time the trespass was committed. of the
seizure OF such animals, providing such
owner or person who had the same in
charge is known & the person making
such seizure to be within or to reside within
the county.
SEC. IL. For serving notice as provided
IN Section 10 OF this act, the person max
ing such service shall be entitled to the
same fees and mileage allowed a sheriff in
serving a summons.
SEC. IL. Upon the trial of an action
under the provisions of this act, the plain
tiff shall prove the amount of DAMAGES
sustained, m the amount of expenses In
Cured for restraining and keeping the
offending animals, if such have by him
beer restrained. and any judgment rend.
cred FOR damages against the defendant
shall pc q lien upon the animals having
committed the damages, and they NAV be-
cold u md thu -