96 



STATE DEPARTMENT OP AGRICULTURE. 



Penalty on 

 owners or 

 occupiers of 

 lands not 

 inclosed by 

 a lawful 

 fence. 



for injuring 

 animals 

 entering on 

 such lands. 



the second offense, be subject to double the damages sustained 

 by the owners of said premises. 



SEC. 3. If any owner or occupier of any grounds or crops 

 injured by any animal or animals breaking into or entering 

 on grounds not inclosed by a lawful fence, shall kill, maim, or 

 materially hurt or injure any animal doing such injury, he 

 shall be liable to the owner for all damages, and also all costs 

 that may accrue in a suit for such damages. 



Lawful 

 fences. 



Wire 

 fences. 



Post and 

 rail fence. 



Picket 

 fence'. 



Ditch and 

 pole fence. 



Pole fence. 



An act concerning lawful fences* 



(Approved April 27, 1855; amendments approved April 3, 1860; May 18, 

 1861; Stats. 1855, p. 154; 1860, p. 141; 1861, p. 513.) 



SECTION 1. Lawful fences are described as follows, viz: 

 First Wire fence shall be made of post, not less than twelve 

 inches in circumference, set in the ground not less than eigh- 

 teen inches, and not more than eight feet apart, with not less 

 than three horizontal wires, each one-fourth of an inch in 

 diameter the first one shall be eighteen inches from the ground, 

 the other two above this one, at intervals of one foot between 

 each, all well stretched and securely fastened from one post 

 to another, with one rail, slat, pole or plank, of suitable size 

 and strength, securely fastened to the post not less than four 

 and a half feet from the ground. Second Post and rail fence 

 shall be made of post of the same size and at the same distance 

 apart, and the same depth in the ground as above with three 

 rails, slats or planks, of suitable size and strength, the top one 

 to be four feet and a half from the ground, the other two at 

 equal distances between the first and the ground, all securely 

 fastened to the post. Third Picket fence shall be the same 

 height as above, made of pickets, each not less than six inches 

 in circumference, not more than six inches apart, driven in the 

 ground not less than ten inches, all well secured at the top by 

 slats or caps. Fourth Ditch and pole fence shall be made of a 

 ditch not less than four feet wide on top, and three feet deep, 

 embankment thrown upon the inside of the ditch, with sub- 

 stantial posts set in the embankment not more than eight feet 

 apart, and a plank, pole, rail or slat securely fastened to said 

 posts, at least five feet high from the bottom of the ditch. 

 Fifth Pole fence shall be four and a half feet high, with 

 stakes not less than three inches in diameter, set in the ground 

 not less than eighteen inches, and where the stakes are placed 

 seven feet apart, there shall be not less than six horizontal 

 poles well secured to the stakes; if the stakes are six feet 

 apart, five poles; if three or four feet, four poles; if two feet 

 apart, three poles, and the stakes need not be less than two 



*"The acts of April 27, 1855, and April 3, 1860, concerning lawful 

 fences, are continued in force under section 19 of the Political Code, and 

 consequently the counties to which they apply are not subject to the pro- 

 visions of section 841 of the Civil Code." Meade vs. Watson, 67 Cal. 591 ; 

 see, also, Gonzales vs. Wasson, 51 Cal. 295. 



