LAWS RELATING TO ANIMAL INDUSTRY. 99 



erecting a partition fence, and refusing to place it on the line 

 dividing such lands, or to remove it to such line when erected 

 otherwise than thereon, shall subject himself to one half the 

 cost of its removal and erection in the right place. 



SEC. 8. The respective owners or lessees of lands which now Du ty or 

 are, or hereafter may be enclosed with fences, shall keep up and owners - 

 maintain in good repair all partition fences between their own 

 and the next adjoining enclosures, in equal shares, so long as 

 both parties continue to occupy or improve the same. 



SEC. 9. Nothing in this act shall be so construed as to" counties 

 apply to the counties of Butte, Amador, Tuolumne, San Diego, exce P ted - 

 Nevada, San Bernardino, Colusa, Placer, Santa Barbara, Yuba, 

 Trinity, Shasta, Klamath, and Siskiyou; and said counties are 

 hereby excepted and excluded from the provisions of this act. 

 (As amended, Stats. 1863-64, p. 465.) 



SEC. 10. An act entitled An act concerning lawful fences, Repeal, with 

 etc., passed March thirtieth, eighteen hundred and fifty, is exception - 

 hereby repealed, except as far as the counties exempt from 

 the provisions of this act are concerned.* 



1 An act concerning lawful fences in the counties of San Bernar- 

 dino, Colusa] Shasta, Tehama, and Placer. 



(Approved April 18, 1859; Stats. 1859, p. 279.) 



SECTION 1. In the counties of San Bernardino, Colusa, 

 Shasta, Tehama, and Placer, every inclosure shall be deemed 

 a lawful fence, which is four and one-half feet high, if made 

 of stone, and if it be made of rails, five and one-half feet high ; 

 if the fence be a post and rail fence, or a picket fence, it shall 

 be constructed of posts of reasonable size and strength, firmly 

 set in the ground, not more than twelve feet apart and not 

 more than eight feet apart, if it be a board fence ; the rails, 

 boards, or pickets, to be of reasonable size and strength, securely 

 fastened to the posts, to the height of four and a half feet, 

 and reasonably close ; if a picket fence, the pickets, also, to be 

 strongly nailed to a rail above, and one below, or driven into 

 !. the ground and nailed to a rail above, reasonably close; if a 

 ditch fence, the ditch to be at least two and a half feet deep, 

 and three feet wide at the top, the embankment to be either on 

 the inside or outside of the inclosure, with a rail, board, or 

 picket fence on the embankment, to the height of three feet, or 

 any other kind of fence equivalent in height, quantity, and 

 strength, to the above kind of fences, are hereby declared law- 

 ful fences in said counties. 



SEC. 2. If any horse, mule, jack, jenny, hog, sheep, goat, or Trespass. 

 any head of neat cattle, shall break into any ground, inclosed 

 by a lawful fence, the owner, or manager, of such animal shall 

 be liable, to the owner of such inclosed premises, for all dam- 



*See note to act of 1850, page 95 hereof. 



