The Holbrook news., 1921-07-15
NEW LAW RELATING
 TO TRAILING SHEEP

4Hefe mas been much trouble Tn
 the past arising from trailing sheen
 from the northern ranges to the win
 ter ranges in the south, and but few
 know just what the law is on the sub Ject. For the information of all con cerned we reprint the new law which was passed at the last session of the legislature. The following bill was introduced by Senator Burton and passed:
 AN ACT to amend paragraphs 639, $40, 641 of Title XVII Pertaining to "Offenses Against Stock Raisers'),
 Revised Statutes of Arizona, 1913, Penal Code.
 Be it enacted by the Legislature of
 the State of Arizona:
 Sec. 1. That paragraph 639 of Title XVII of the Revised Statutes of Arizona, 1913, Penal Code, is hereby amended so as to read as follows: 639. It shall be unlawful for any person, or persons, firm or corpora tion, owning or having charge of sheep or goats to herd the same or permit the same to be herded on the lands or possessory right to lands, of other persons without the express consent of such owners or lawful claimants so to do No sheep or goats shall be allow ed to camp at any water developed and owned or leased by others without the express consent of the owner or lessee of said water. Any person vio- lating the provisions of this section shall be guilty of a misdemeanor.
 Sec. 2. That paragraph $40 of Title XVII of the Revised Statutes of Ariz- ona, 1913, Penal Code, is hereby amended to read as follows:
 GAO. The term "possessory right to lands," as used in the preceding sec tion, numbered 639, applies to all land or lands owned in fee or held under lease, contract of purchase, pre- emp tion, homestead or other United States or State of Arizona laws. The instru- ment evidencing such possessory right to lands held other than by virtue of United States or State of Arizona Laws, shall be recorded in the office of the County Recorder of the county or counties wherein such land is To- cated before any claim can be made by the owner of such possessory right.
 Sec. 8. That paragraph 641 of Title XVII of the Revised Statutes of Ariz- ona, 1913, Penal Code, is hereby amended so as to read as follows:
 641. Any person owning or having charge of sheep or goats who herds, grazes or pastures the same or per L- L. I-l grazed or pastured on any cattle range previously occupied by cattle or upon any range usually occupied by any cattle grower either as a spring, summer or winter range for his cattle is guilty of a misdemeanOr; but the priority of right between cat tie and sheep owners to any range is determined by priority in the usual and customary use of such range eitth- CT as a cattle or sheep range
 Sheep and goats when being moved from their accustomed range to a shipping point to be shipped or to lambing grounds for lambing purposes or when being returned from a ship ping point where they were unloaded from cars or being returned to their accustomed range from said lambing grounds where they were located dur ing lambing time, shall, when of a designated stock driveway and cross ing a range which is being and has been used as a cattle range, travel at least three miles per day. That in moving from their accustomed range to said shipping point or lambing grounds or from such lambing grounds or unloading point to their accustomed range, they shall travel by the most di- rect practicable route to one of the Arizona stock driveways designated by the United States Government or to any other stock driveway hereafter fixed and determined and shall thence travel over and on such driveway and not depart therefrom until they reach a point nearest to their said shipping point or their usual lambing grounds and travel thence from said point h. the nearest practicable route to sH shipping point or lambing groun travelling at the rate of not les thar three miles a day while eros 7n- cattle range and shall pursue the same course, travelling at the same rate, when going from said lan'hinV point or unloading place back to tHeT~ accustomed range. Provided, hcweve that when they are upon one of Ire aforesaid designated trails or upon anv trail hereafter established, they shall travel at such rate as they deem proper; and provided further, that nothing in the provisions of this para graph shall be construed to give the right for any sheep or goats to travel over, be herded on or graze upon tile ands or possessory rights to lands of another.
 Section 4. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed