The Dickinson press., 1907-01-19
FENCE LAW
Liability Of Owners Of
Stock.

FOR several weeks letters have been
received from our readers asking Tor in
formation in regard to lawful fences,
liability OF owners OF stock, damages
by trespassing animals, etc. For the
benefit oil those interested the PRESS
publishes the following extracts from
the revised codes of 1905:
Stock other than vicious animals are
permitted TO ruu at large between
December and April 1.
Section 1899. How fences shall be
constructed:-lhe post or other up
rights OF reasonable strength and firm
ness in position shall not be more than
thir.y-two feet distant from each other,
with suitable stays between posts, nearly
equally dividing such space in three
parts. Three strands of ordinary
barbed fence wire shall be wellstretched
and firmly fastened to such posts, up
rights and stays with the upper strand
not more than forty-eight nor less than
torty-two inches above the general sur.
face of the ground hereunder, and the
lower strand not more than eighteen
nor less than twelve inches above the
general surface of the ground, and the
middle strand nearly equally dividing
the space between the upper and lower
strands; provided, that all corral fences
exclusively for the purpose OF inclosing
stacks, If outside Of any lawful inclosure,
shall not be less than sixteen feet dis,
tant from such stack so inclosed, shall
be substantially built with posts not
more than eight feet distant from each
other, and with no less than five strands
OF barbed fence wire, and shall be not
less than five feet high. Any other
fence or barrier which is as effective for
the purpose of fence as the above pre-.
scribed is hereby declared sufficient and
lawful.
Section 1910. Liability of owners of
stock ANY person owning or having
in charge any horses, mules, cattle,
sheep or goats, or any animals which
breach or break through, over or under
any lawful fence, not the property Of
the owner of such offending animal.
shall be liable to the party having sus-
tanned injury by reason of such breach
ing or breaking, to be recovered in a
civil acton before anv court of compe-
tent jurisdiction, and it shall be sufi-
cient in any such action, that it was a
lawful fence where the breach was
made, and the proceedings shall he the
same as in other civil actions, except as
herein modified.
Sectiou ,o42. Damages by trespass.
ing animals:-The persons sustaining
damages as aforesaid shall before com.
mencing an action therefor. notify the
owner or person having in charge SUCH
offending animals Of such damages, and
the probable amount thereof if known
and a resident of and within the county
and he may retain and keep IN custody
such offending animals until,h damage.
SO sustained and costs are paid, or until
sufficient security is given for the same
provided, that the person so retaining
such offending animals shall, without
unnecessary delay, notify the owner Of
person in whose custody the same were
at the time the trespass was committed
of the seizure of such animals, If such
owner or person is known to him to be
within or to reside within the county.
In Billings county the herd law ha.
been abolished and the foregoing pro
visions may not apply in just the same
way as in the other counties OF the state