The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1906-03-16

certifying to a copy u the sworn re
,orts of the appraisers to the regis
FER of deeds, so cents.
Posting notices and selling estray,
So. 4
Advertising an estray, if published
in a newspaper, So.
To each appraiser. 80 cents.
To the, register Of deeds for enter.
ing certified copy of sworn report of
appraisers, Is cents.
For each inspection Of estray regis
ter, ten cents.
Penalty for %concealing Estray.
Any person Xwho shall attempt to
conceal any estray. or any lost goods
found or taken up by him, or alter or
deface, or attempt to alter or deface,
the mark or brand on any horse,
mule, cow, calf, or other neat cattle.
or any sheep or swine the property
of another, with the intent thereby to
steal the same or to prevent identifi-
cation thereof by the true owner, or
carry said estray or los: goods, or any
animal, beyond the limits Of the state,
or knowingly permit the same to be
done, or shall willful,y fail to cause
said estray, or lost goods SO found, to
be advertised, sold or otherwise dealt
with as provided by law, shall be
deemed guilty of a felony, and upon
conviction thereof, is punishable by
Imprisonment in the p%enitentiary not
exceeding i've years. or by a hne of
not exceeding $500, or by both.
The Herd Law.
It is lawful for any horses, cattle,
mules, ponies. swine. goats and sheep
to run at large from the first day Of
December until thu f.st day of April
each year. except within the corpor-
ate limits Of any city or village, pro-
viied, 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 a fence Law
for any county in the state. The
county commissioners have authorit,
to submit the question of the abolish
ing of the herd law to a vote Of the
people Of any county at any general
election, and should the law be
the commissioners may sub.
nit the question of re-establishing the
law at any genera! election.
A Legal Fence.
n any county in which an election
has been held under the provisions
above cited and IN which the result
1T such election shall! have been in
of abol,shing the herd law a
constructed as follows shah be
sufficient and lawful. The posts or
uprights Of reasonable strength
fi-mness In position shall not be
more than 80 feet distant from each
'ther, with two suitable stays be-
ween posts. near'y equally dividing !,
UGH space into three parts. Three (.
trands Of ordinary barbed fence wire
hail. be well stretched and firmly
astened to such posts. 'uprights and /:
tags, with, the upper strand not !
lore than 48 nor less than AZ inches :
bove the general surface of the
round Hereunder, and the lower
not more than 10 nor less than +
2 inches above the general surface : :
the ground, and the middle strand :
early equally dividing the space be- :
veen the upper and the lower 4
provided. that all corral J
,nee exclusively for the purpose Of :
lclosng stacks, II outside of any Z
lwful Enclosure. shall not be less !
10 feet distant from. such stacks .
!, fnclosed, shalt be substantially r
uflt with posts not more than eight {
,et distant from each other, and 7
it'll not less than I'VE strands, of =
arbed fence wire, and shall be not
,ss than I'VE feet high. Any other :
ind OF a fence or barber which is
5 effective for the purpose Of q fence
s that above described is Sufficient
nd lawful a..
Liability Of Stock Owners. II
Any person owning r having in :
barge any horses, mules. cattle, T
heep or goats, or any such animals, 8
hitch shall break through, over or
nder any lawful fence other than y
is own shall be liable to the party :
aving sustained injury by reason Of .
UGH breaking, to be recovered in q =
ivil action before any court Of com :
etent Jurisdiction, and it shall be
efficient for the damaged party. to
rove that 1t was a lawful fence
where tho breach was made. Any
erson owning or having in charge, in
ny county adopting this fence law,
ny swine which shall trespass upon
he lands or premises Of another, in.
1,,d}u~ @raroicoo In fnwna v311apoS III