shall stand upon the line, and any person, or persons, when erecting a partition fence, and refusing to place it on the line dividing such lands, or remove it to such line, when erected otherwise than thereon, shall subject himself to one-half the cost of the removal, and erection thereof in the right place.

SEC. 6. The respective owners, or lessees, of lands which now are, or hereafter may be, enclosed with fences, and their successors in interest therein, shall keep up, and maintain, in good repair and condition, all partition fences, between their own and the next adjoining enclosures, in equal shares.

SEC. 7. When two or more persons shall agree to cultivate lands, under one enclosure, neither of them shall place, or 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 subsequent repetition, double damages shall be recovered; it shall not be necessary to prove an express agreement to cultivate under one enclosure, but the fact of such cultivation shall be sufficient evidence of such agreement.

SEC. 8. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed, so far as they relate to the counties of San Bernardino, Colusa, Shasta, Tehama, and Placer.

What shall be lawful fences in counties other than those already mentioned, are as follows:

1. Wire fences shall be made of post not less than twelve inches in circumference, set in the ground not less than eighteen. inches, and not more than eight feet apart, with not less than three horizontal wires, each one-fourth of an inch in diameterthe 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. 2. 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. 3. 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. 4. 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 substantial 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. 5. 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 inches in diameter; if one foot apart, one pole, and stakes need not be more than two inches in diameter. The above is a lawful fence so long as the stakes and poles are securely fastened and in a fair state of preservation. Hedge fence shall be considered 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. 6. 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.'

Any fence which, by reliable evidence, shall be declared as strong, substantial and as well suited to the protection of enclosures as either of the above described, shall be a lawful fence in all the counties of this state, except Sonoma, Napa, and El Dorado.'

The following provisions of the statute of 1855, in relation to

1 Wood's Dig. art. 2476 2477; Laws 1858, p. 123.

partition fences, apply to all the counties of the state, except San Bernardino, Colusa, Shasta, Tehama and Placer, and those mentioned above in the first paragraph of this division, concerning lawful fences:'

SEC. 5. When a fence shall hereafter be erected by any person on the line of his land, or that for which he may have a lease for one or more years, and the person owning the land adjoining thereto, or holding a lease on the same for one or more years, shall make or cause to be made, an enclosure on the opposite side of such fence, so that such fence may answer the purpose of enclosing his ground also, such person shall pay the owner of such fence already erected one-half the value of so much thereof as serves as a partition fence between them.'

SEC. 6. When two or more persons own land, adjoining, which is enclosed by one fence, and it becomes necessary for the protection of the rights and interests of one party that a partition fence should be made between them, the other or others, when notified of such fact, shall proceed to erect or cause to be erected onehalf of such partition fence, said fence to be erected on, or as near as practicable, the line of said land; and if, after notice is given by either party, and a reasonable length of time has elapsed, and the other party persist in refusing to erect, or cause to be erected, one-half of such fence, the party giving notice may proceed to erect, or cause to be erected, the entire partition fence, and collect by law one-half the cost of such fence from the other party.'

SEC. 7. All partition fences separating adjoining enclosures, shall stand upon the line, and any person or persons when 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 are, or hereafter may be enclosed with fences, shall keep up and 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.'

1 Wood's Dig. art. 2480, 2481.

ACT OF MARCH 31, 1855, TO PREVENT THE TRESPASSING OF ANIMALS UPON PRIVATE PROPERTY.

SECTION 1. If any horse, mule, jack, Jenny, hog, sheep, goat, or any head of neat cattle, should break into any ground enclosed by a lawful fence, the owner or manager of such animal shall be liable to the owner of such enclosed premises for all damages sustained by such trespass; and if the trespass be repeated, by neglect of the owner or manager of such animals, he shall for the second and every subsequent offence or trespass, be subject to double the damages of such trespass, to the owner of said premises.

SEC. 2. If any owner or occupier of any grounds or crops, trespassed upon by animal, or animals, entering upon or breaking into his or their grounds, whether enclosed by a lawful fence or not, shall kill, maim or materially injure the animal or animals so trespassing, he, she or they shall be liable to the owner of such stock for all damages, and for the cost accruing from a suit for such damages, when necessarily resorted to for their recovery; provided, the owner or occupier of such grounds and crops so damaged and trespassed upon, may take up and safely keep, at the expense of the owner or owners thereof, such animals for ten days, and if not applied for by the proper owner or owners before the expiration of ten days, the same may be posted under the "estray laws" of the state, and before restitution shall be had by the owner or owners of such animals, all damages done by them, as well also as the expense of posting and keeping them, shall be paid. Any justice of the peace in the township shall have jurisdiction of all such reclamation of animals, together with the damages, expense of keeping and posting the same, when the amount claimed does not exceed five hundred dollars.

SEC. 3. When two or more persons shall agree to cultivate iands under one enclosure, neither of them shall place, or cause to be placed, any animal on his, her or their ground, to the injury or damage of the other or others, but shall be liable for all damages thus sustained by the other or others; and if repeated after due notice is given, and for every such subsequent repetition, double damages. It shall not be necessary to prove any express

agreement to cultivate under one enclosure, but the fact of such cultivation shall be deemed sufficient evidence of such agreement.

FORMS.

Notice to be Posted.

ESTRAY NOTICE.

Notice is hereby given, that on the fifth day of June, 1859, a horse was found on my premises, in township, Alameda county, said horse being a bay horse, fifteen hands high, with four white feet, white nose, branded K on the left hip, and a half-breed, which I have taken up. The owner is requested to call and prove property, pay charges, and take away the same. June 10th, 1859. JOHN BART.

Affidavit before a Justice.

County of Alameda, ss.

John Bart, being duly sworn, says, that on the fifth day of June, 1859, he found upon his premises, in township, county of Alameda, a half-breed bay horse, with four white feet, white nose, and branded K on the left hip; that he has made diligent inquiry throughout his neighborhood to ascertain the ownership of said stray horse, but has not been able to learn any thing whatever in regard to the same; that ten days ago he posted a written notice, of which the annexed is a copy, in three public places in said township, one of which was on the premises of deponent, one at the tavern of Jabez Prime, and one at the office of G. HI., justice of the peace; that he has examined the county records of marks and brands, and did not find the said brand of said horse upon record.

Deponent further states that the said brand upon said horse has not been altered since he came upon the premises of deponent, nor has any other brand or mark been put upon him; that the owner or owners of said horse are unknown to deponent, and that deponent has no other knowledge concerning the said horse than that herein given; that since said horse came upon the premises of deponent, he has been in his possession, care and keeping, and that it is the desire of deponent to take up and post the JOHN BART.

said animal.