Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1905-04-15
The New Herd Law.

By request of some of our read
ers, we publish below the list of the
new herd law enacted by the re-
cent legislature:
Section /. 1t shall be unlawful for any
kind or character OF live sto ok to run at
large in any county in this state in which
three-fourths of the lands, outside OF
the incorporated cities and towns, are
under fence, or any portion OF said coun-
ty tbree-fourths of which portion is UNI
der fence, when said portion is separated
from the balance of said county by any
natural barrier such as a river, range of
hills or other sufficient barrier: Pro-
vided that where more than one-fourth
of any district is used for grazing of cat
tie or horses on the public domain or on
unfenced lands. such district shall be
excluded from the operation OF this act,
notwithstanding the fact that said coun-
ty may come within its provisions, and
the county commissioners shall desig-
nate such townships or parts of town
ships which shall be excluded from the
provisions of this act Provided, fur
ther, that an area or district of less than
one township shall not be considered for
this purpose.
Section 2. 1t shall be the duty of the
board of county commissioners of the
respective counties of this state when
ten or more freeholders shall make appli
cation for the enforcement of this act to
at once determine whether or not three
fourths of the lands, outside of the in
corporated cities and towns, in such
county is under fence, or whether three
fourths of any portion of any county
separated from the balance OF said coun4
ty by natural barrier, is under fence.
Section 5. The board of county COM
missioners in arriving at the per cent of
lands in said county or portion of county
under fence, shall be governed by the
records in the office of the coun ty assess
or of such county showing the amount
of lands under fence, which shall be con-
elusive and binding upon all the resi-
dents and freeholders in such county.
Section 4. 1t shall be the duty of the
county assessor of each county in this
state, at the time of making the assess
ment in each year to make list of the
lands in each county, outside of the in
corporated cities and towns under fence,
and file certified copy OF such list each
year at the conclusion of the assessment,
with the board of county commissioners
showing the aggregate number of acres
of land under fence and not under fence.
Section 5. 1t shall be the duty of the
board of county commissioners, on re-
ceipt of certified copy OF such list of
the lands, outside OF the incorporated
cities and towns, under fence and not
under fence, from the county assessor, to
at once determine whether or not a
sufficient per cent OF the lands in such
county or portion of county as provided
herein, is under fence, to bring said
county or portion of such county within
the provisions OF this act, and if it is
found that three-fourths of the lands of
said county or portion OF said county,
outside of the incorporated cities and
towns, is under fence, it shall be the
duty OF the board of county commits
sioners to make such entry in the re-
cords OF their office and publish notices
thereof for at least four successive weeks
in the official paper of said county, set
ting forth the fact that three-fourths o
the land in such county or portion OF
county, outside of the incorporated
cities and towns. is under fence. ant
that live stock found running at large il
such county or portion OF county on ane
after thirty days from the first publica
ton OF said notice shall be treated a
estrays, and estrays in any county il
which one-fourth OF the area, outside O
the cities and towns therein, shall b
under enclosure or fence, may be takel
up at any time in the year.
Section 6. Any owner who permit
his live stock to run at large contrary t
the provisions of this act shall be deem
ed guilty of a misdemeanor and apo
conviction thereof shall be fined in an
sum not less than $25 nor more than SIC
for each offense, and it shall be the dut
of the prosecuting attorney of sue
county, when it has been determined b
the board OF county commissioners VI