LAWS RELATING TO ANIMAL INDUSTRY. 97 



inches in diameter ; if one foot apart, one pole, and stakes need 

 not be more than two inches in diameter. The above is a law- 

 ful fence so long as the stakes and poles are securely fastened 

 and -in a fair state of preservation. Hedge fence shall be con- 

 sidered lawful when, by reliable evidence it shall be proved 

 equal in strength, and as well suited to the protection of 

 enclosed lands as any one of the fences described in other 

 subdivisions of this section. Sixth Brush fence shall be four 

 and a half feet high, and at least twelve inches wide, with 

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

 not less than eighteen inches, one on each side, every third 

 foot tied together at the top, with one horizontal pole tied to 

 the outside stake five feet from the ground. 



SEC. 2. Any fence which, by reliable evidence, shall be other fences 

 declared as strong, substantial, and as well suited to the pro- 

 tection of inclosures as either of the above described, shall be 

 a lawful fence in all the counties of this state, except Sonoma, 

 Napa, El Dorado, Yuba, and Marin. (As amended, Stats. 1861, 

 p. 513.) 



SEC. 3. In each of the counties named in the preceding Lawful fences 

 section of this act, the following described shall be a lawful j^tS" 

 fence, viz : First Post and rail fence shall be made of post p os t and 

 not less than four by six inches, set in the ground not less than rail fence - 

 two feet, with rails not less than three inches thick, placed 

 not more than five inches apart, for the first three feet, and 

 after that not more than eight inches apart, the fence to be 

 not less than five feet high. Second Worm fence shall be five Wo fence. 

 feet high, with additional stakes and riders, no greater space 

 to intervene between. the rails than in a post and rail fence. 

 Third Post and slat fence shall be of. the same height and with p os tand 

 the same space between the slats as above, in this section, the slatfence - 

 post shall not be less than twelve inches in circumference, and 

 not less than two feet in the ground. The slats to be not less 

 than one and a half inches thick, all well fastened to the post 

 with twelve-penny nails. Fourth Paling fence shall be of p a n n g fence. 

 the same height, and the post of the same size, and set in the 

 ground the same depth, as in a post and rail fence, with post 

 not more than ten feet apart. Fifth Ditch fence shall be four Ditch fence 

 feet wide at the top, and three feet deep, with post set in the 

 embankment not over seven feet apart, with three slats not less 

 than four inches wide, and one and a half inches thick, all 

 securely fastened to the post ; or 



SEC. 4. Any fence which, by reliable evidence, shall be other 

 declared as strong, substantial, and as well calculated to pro- lawful 

 tect enclosures as either of those described in the third section 

 of this act, shall be a lawful fence in each of the counties 

 named in the second section of this act. 



SEC. 5. When a fence has been erected by any person on Partition 

 the line of his land, and the person owning the land adjoining fei 

 thereto shall make or cause to be made, an inclosure on the 

 opposite side of such fence, so that such) fence may answer the 



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