LAWS RELATING TO ANIMAL INDUSTRY. 101 



SEC. 7. When two or more persons shall agree to cultivate under one 

 lands, under one inclosure, neither of them shall place, or in ' 

 cause to be placed, any stock or animals on his, her, or their 

 ground, to the injury or damage of the other, or others, but, 

 for a violation of this provision, shall be liable for all damages 

 thus sustained by the other, or others, and for a repetition of 

 such violation, after due notice be given, and for every subse- 

 quent repetition, double damages shall be recovered; it shall 

 not be necessary to prove an express agreement to cultivate 

 under one inclosure, but the fact of such cultivation shall be 

 sufficient evidence of such agreement. 



SEC. 8. All acts, or parts of acts, inconsistent with the pro- Repealing 

 visions of this act, are hereby repealed, so far as they relate clause - 

 to the counties of San Bernardino, Colusa, Shasta, Tehama, 

 and Placer. 



NOTE. For other special acts relating to lawful and division fences, 

 see note to act of 1876, page 103 hereof. For definition of lawful fence 

 under local option estray law of 1919, see page 108 hereof. 



DIVISION FENCES. ; ^>\ J ;;"W 

 An act to provide for constructing division fences. 



(Approved March 9, 1876. 'Amendments approved March 30, 1878. 

 Stats. 1875-6, p. 175; 1877-8, p. 165.) 



SECTION 1. When two or more persons own land adjoining, Erection of 



.,, ,. > ci partition 



which is inclosed by one fence, in either the counties or bacra- fences. 

 rnento, Solano, Sutter, Tuba, Butte, Contra Costa, and in that 

 portion of San Joaquin County lying and being north and 

 east of the San Joaquin River, Amador, San Luis Obispo, 

 Santa Barbara, Ventura, Tulare, El Dorado, Tuolumne, San 

 Mateo,* and Nevada, and it becomes necessary for the protec- 

 tion of the rights and interests of one party that a partition 

 fence should be made between them, the other or others, when 

 notified, shall proceed to erect, or cause to be erected, one-half Persons 

 of such partition fence ; said fence to be erected on, or as near j^ r e este 

 as practicable, the line of said land. And if, after notice notified. 

 given in writing, or after determination of the viewers, as 

 provided in section six hereof, either party shall fail to proceed 

 to erect, or cause to be erected and completed, within six 

 months' time thereafter, one-half of such fence, the party 

 giving the notice may proceed to erect or cause to be erected, 

 the entire partition fence and collect by law one-half of the 

 costs of such fence from the other party, and he shall be entitled 

 to a lien upon the land thus partitioned, as provided in section 

 one of an act entitled An act amendatory of and supple- 

 mental to an act entitled An act concerning lawful fences, 

 approved April third, eighteen hundred and sixty. 



SEC. 2. Lawful division fences are described as follows: Lawful 

 First It made of stone, four feet high, three feet base, and 

 one foot thick on the top. 



*Repealed as to San Mateo County, Stats. 1877-8, p. 1019. 



