Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-04-07


be advertised, sold or otherwise
dealt with as provided by law, shall
be deemed guilty of a felony, and up
on conviction thereof, Is punishable
by imprisonment in the penitentiary
not exceeding five years, or by fine
of not exceeding $500, or by both. !.
The Herd Law. s..a
It is lawful for any horses, cattle,
mules, ponies, swine, goats and sheep
to run at large from the first day Of
December until the first day Of April
each year. except within the corpor.
ate limits Of any city or village; pro
vided, that no stallion or vicious bull
or any other animal known to be
vicious, shall be allowed to run at
large at any time; but nothing In the
law shall be construed to repeal any
special act establishing fence law
for any county in the state. The
county commissioners have authority
to submit the question of the abolish
ing of the herd law to vote Of the
people of any county at any general
election, and should the law be
abolished the commissioners may sub
NIT the question of reestablishing the
law at any general election.
.>- A Legal Fence.
In any county In which an election
has been held, under the provisions
above cited and in which the result
of such election shall have been in
favor of abo1ishing the herd law a
fence constructed as follows shall be
sufficient and lawful: The posts or
other uprights of reasonable strength
and firmness in position shall not be
more than 80 feet distant from each
other, with two suitable, stays be-
tween posts, nearly equally dividing
such space into three parts. Three
strands Of ordinary barbed fence wire
shall be we'll stretched and firmly
fastened to such posts, uprights and
stays, with the upper strand not
more than 4S nor less than AZ inches.
above the general surface Of the
ground Hereunder, and the lower
strand not more than Is nor less than
II inches above the general surface
OF the ground, and the middle strand
nearly equally dividing the space be.
tween the upper and the lower
strands; provided, that all corral
fence exclusively for the purpose Of
lncloslng stacks, if outside of any
lawful Enclosure, shall not be less
imam l6 feet distant from such stacks
SO inclosed, shall be substantially
Quilt with posts not more than eight
Feet distant from each other. and
with not less than five strands of
oarbed fence wire, and shall be not
less than five feet, high. ANY other
KIND OF fence or barrier which is
as effective for the purpose of fence
as that above described is suficient
and lawful. 4. h
Liability Of Stock Owners.
ANY person owning or having in
charge any horses, mules, cattle.
Sneep or goats, or any such animals,
winch shall break through, over or
under any lawful fence other than
dis own shall be liable to the marty
having sustained injury by reason Of
such breaking, to be recovered in 4
CIVIL action before any court Of com.
petent jurisdiction, and it shall ha
samcient for the damaged party to.
prove that it was "a lawful fence
where the breach was made. Any
person owning or having in charge. n
any county adopting this fence law
any swine which shall trespass l,pon
the lands or premises Of another. in.
Guiding premises in twons. villages
or cities, whether such lands ARE
renced or not fenced, shall be habIe
to any party sustaining such iniurys
tor all the damages he may sustain
by reason OF such trespassing Per.
sons sustaining damages as aforesaid
may hold the offending animals until
the damages and costs sustained are
paid, provided he notify the owner
or person who had them in charge Of
the damages and the probable amount
thereof. Judgment rendered In court
for damages against the defendant
shall be lien upon the animals com.
uniting the damages. and they may
be sold and the proceeds applied to
the satisfaction OF the Judgment.
In advertising an estray Ii a news
paper, which should be done as soon
as possible after taking up an estray.
the person having the estray should
pay the newspaper IS for the same
and take . receipted blu for the same.
and the owner Of the estray must pay
this bill, together with other lawful