The Coconino sun., 1921-01-28
RANCE LAW AMENDMENT PROPOSED BY SEN. BURTON

An Act to Amend Sections 639 and GAO, and to Repeal Section 641, of Title XVII, Pertaining to "Of-
 fences Against Stock Raisers") Re
 vised Statutes of Arizona, 1913,
 Penal Code.
 Be it Enacted by the Legislature of
 the State of Arizona:
 Section 1. Section 639 and GAO of Title XVII, of the revised statutes of
 Arizona, 1913, are hereby amended to read as follows:
 "639. It shall be unlawful for any
 person or persons, firm or corporation owning, or having charge of any sheep
 or goats, to herd the same or permit
 the same to be herded on the land or possessory right to land of other per sons, without the express consent of the owners or lawful claimants of such lands, or to herd such sheep or goats or to permit them to graze within one mile of any bona fide ranch, or any such land, either owned or lawfully held possessory right, without the ex- press consent of such owner of claim, or within one mile of any settlement, town or city within this state, provid- ed there is no running water or natur- al tanks of water at which sheep or goats can be watered, and that no transient sheep or goats shall be al- lowed to camp at any water develop ed and owned by others. Any person violating any provisions of this sec- tion is guilty of misdemeanor.
 The term "possessory right" as used in the preceding paragraph, applies to bona fide ranches that are held or owned as a home ranch. The home ranch specified in this section must be recorded in the office of the county re- corder of the county wherein said ranch is located before any claim can be made by the owner or owners of said home ranch as provided in this section. Nothing in the preceding paragraph shall be construed to inter- fere with the herding of sheep or goats at railroad shipping points, or to pre- vent the driving of sheep over trails prescribed and laid down by the Unit ed States government.
 "640. Any person owning or hay ing charge of sheep, who herds, grazes or pastures the same, or permits or suffers the same to be herded, grazed or pastured, on any cattle range pre- viously occupied by cattle, or upon any range usually occupied by any cattle grower, either as spring, summer or winter range for his cattle, is guilty of misdemeanor; but the priority of right between cattle and sheep own CTS to any range is determined by the priority in the usual and customary use of such range, either as cattle or sheep range.
 Priority of right" as used in the preceding paragraph shall be constru- ! ed to mean the exclusive right of cat tie men as against sheep men to the use of range first occupied, and con- tinued to be occupied by cattlemen solely for the grazing of cattle, or the exclusive right of sheep men as against cattlemen to the use of range first occupied, and continued to be oc- cupied by sheep men solely for the grazing of sheep, and the exclusive right of cattle men as against sheep men to the use of range first occupied | by cattle men may be abandoned by their ceasing to use it or by permit |, ting use of it by sheep in common with cattle. Such joint use without | protest of cattle men for period long enough to create custom shall not make use by sheep or goats unlaw- ful."
 Section 2. Section 641 is hereby re- pealed.
 Section 8. All acts and parts of acts in conflict with the provisions of i this act are hereby repealed.