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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 OP MARCH 31, 1855, TO PREVENT THE TRESPASSING OF ANIMALS UPON PRIVATE
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 snit 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 inore 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.
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.
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. H., 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 said animal.
JOHN BART. Sworn before me, June 15, 1859,
G. H., Justice of the Peace, Ś for township, Alameda county. )
Appointment of Appraisers of Estray Animals.
township, posted by John Bart.
G. H., Justice. John Bart having this 15th day of June, 1859, appeared before me and made affidavit as to a certain bay horse found upon his premises in this township, June 5th, 1859, and that he has put up written notices of the same, according to law, which affidavit has been duly filed with me, I do hereby appoint A. B. and C. D., appraisers, they being resident householders of this county, to appraise and describe said animal.
G. H., Justice.
Appraisement of Estray Animal. In the matter of the estray horse
posted by John Bart. We, the undersigned, the appraisers in this matter, duly appointed by G. H., justice of the peace of this county, do certify that on the 16th day of June, 1859, we proceeded to view the said horse, and we find, according to our best knowledge and
judgment, that the said horse, being a bay horse, fifteen hands high, with four white feet, white nose, full mane and tail, and branded with the letter K on the left hip, is about ten years of age, and of the value of seventy-five dollars or thereabouts. June 18th, 1859.
C. D. County of Alameda, ss :
A. B. and C. D., the appraisers named in the above certificate, being duly sworn, each for himself says, that the matters therein set forth are true. Sworn before me, June 17th, 1859,
A. B.. : G. H., Justice. I
· Order of Restitution of Estray. County of Alameda,
Township. 88: : : Justices' Court. John Bart having taken up a bay horse found on his premises, and having duly posted the same, and filed his affidavit thereof with me on the 15th day of June, 1859, and M. N. now appearing before me on this 25th day of May, 1860, claiming to be the owner of said horse, and having made satisfactory proof of such ownership, I do hereby order that the said horse be delivered up to said M. N., on paying the costs of the proceeding before me, taxed at.
dollars, and the sum of
dollars awarded by me to said John Bart, as his expenses for keeping said horse [or, without any payment to said John Bart, that he has worked, ridden and used said estray horse sufficiently to compensate for all expenses of keeping). G. H., Justice.
Notice of Sale.
(UNDER SECTION 7 OF ESTRAY AOT AS AMENDED.)
By virtue of an order of sale to me directed by G. H., justice of the peace of
township, county of Alameda, notice is hereby given, that I will offer for sale at public auction, on the 25th day of June, 1860, at twelve o'clock M., in front of the office of said justice in said county, one bay horse, branded K on the left hip, the same being an estray taken up on the 5th day of June, 1859, by John Bart, and duly posted, to pay the sum awarded to said John Bart by said justice, for the expense of keeping said horse and the costs. May 25th, 1859.
P. Q., constable of said township. [Or, where the appraised value is over hundred dollars).
R. S., sheriff of said county.
Notice to Show Cause.
township. John Bart. The People of the State of California to John Bart, defendant: · Take notice, that you are required to appear before G. H., justice of the peace, at his office in the county of Alameda, on the
day of June, 1860, to show cause, if any you can, why judgment should not be taken against you for the sum of
dollars, the one-half of the appraised value of a certain bay horse taken up by you on the 5th day of June, 1859, with costs, For, under the act of 1859, the sum of dollars, the appraised value of, &c., &c.] June 1860.
SWIFT Brown, District Attorney.