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All other fences made of wire or poles, or any other material which upon reliable evidence shall be declared as strong and as well calculated to protect enclosures as the one described in the preceding section of this act, shall be considered lawful fences.

SEC. 2. Any person making or maintaining in good repair around his enclosure in said County any fence such as is described in section one of this Act, may recover in a suit for trespass, before the nearest court having competent jurisdiction, from the owner of any animal, or animals, which shall break through any such fence, in full for all damage sustained on account of such trespass, together with cost of suit: and the animal or animals so trespassing may be taken and held as security for the payment of such damages and costs; and no person or persons shall be allowed to recover damages for any injury to any crop, or grass, or garden product, or other vegetable product, unless the same at the time of such trespass or injury was enclosed by a legal and sufficient fence as before provided.

SEC. 3. Partition fences shall be erected and kept in repair at the cost of the owners of the respective adjoining lands, provided said land is enclosed by one fence.

SEC. 4. If, after due notice has been given by either party, and a reasonable length of time has elapsed, the other party neglect, or refuse to erect or cause to be erected, the 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 of the entire cost thereof from the other party.

SEC. 5. The respective owners of adjoining enclosures shall keep up, and maintain in good repair, all partition fences between such enclosures, in equal shares, so long as they shall continue to occupy or improve the same.

Trespass.

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SEC. 6. When any person shall unwittingly or by mistake, erect a fence on the land of another, and when by a line legally determined, that fact shall be ascertained, such person may enter upon such premises and remove such fence at any time within three months after such line has been run as aforesaid; Provided, that when the fence to be removed forms any part of a fence enclosing a field of the other party, having a crop thereon, such first person shall not remove such fence until such crop might with reasonable diligence have been gathered and secured, although more than three months may have elapsed since such division line was run.

SEC. 7. When any person shall wish to lay open his enclosure, he shall notify any person owning an adjoining enclosure, and if such person shall not pay to the party giving notice, one-half the value of any partition fence between such enclosure, within three months after receiving such notice, the party giving such notice may proceed to remove one-half of such fence, as provided in section six of this act, if the person giving such notice has erected said fence or paid his proportion of the cost of erecting the same.

SEC. 8. Whenever a petition shall be presented to How and when the County Commissioners of any other County in this Territory, signed by not less than one hundred legal voters in the County, of whom fifty must be farmers, praying that the question of the adoption of this law be submitted to the people, it shall be their duty to direct the sheriff to give notice in every precinct in the County, thirty (30) days before the gen eral election, that the question of the adoption or rejection of this law will be submitted to the people for their acceptance or rejection.

SEC. 9. At such election each voter may vote "For Fence Law," or "Against Fence Law." Ifa majority of said votes shall be "For Fence Law," then the law shall be adopted, but if a majority of the votes are "Against Fence Law," then this act shall be of no force therein.

SEC. 10. When the Board of Canvassers shall declare the result of such vote, it shall be the duty of the sheriff of such County to give due notice of the adoption or rejection of this law, but said law shall not take effect until ninety (90) days after the Board of County Commissioners shall have declared the same adopted. But in no case shall take effect in any County except said County of Conejos, until after the first day of May, A. D. 1875.

SEC. 11. That all acts and parts of acts inconsistent with this act be and the same are hereby repealed.

SEC. 12. This act shall take effect and be in force from and after the first day of March, A. D. 1874. Approved February 12th, 1874.

AN ACT

To Amend an Act entitled "Fences and Enclosures in
Gilpin County."

Be it enacted by the Council and House of Representatives of Colmado Territory, That sections one (1) and three (3) of an act entitled "Fences and Enclos ures in Gilpin County," be stricken out and the following inserted in lieu thereof: No person in Gilpin County, Colorado Territory, shall recover any damages for injuries done by any stock, except hogs, sheep and goats, to any lands, or crops whatever, in said County, unless the same are enclosed with a good substantial fence.

SEC. 2. Trespass by stock on, or within, any prem-es ises enclosed with a lawful fence, is unlawful, and the owner or owners of such stock shall be liable for any and all damages arising thereby, and such stock may be held as security for the payment of full reasonable damages.

SEC. 3.. This act shall be in force from and after May 1, 1874.

Approved February 9th, 1874.

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AN ACT

Entitled "An Act Relating to Fees and Salaries in Arapahoe County.

Be it enacted by the Council and House of Representatives of Colorado Territory, The following shall be established, and hereafter shall be allowed as the fees and salaries for officers and persons holding office and doing public duty in the County of Arapahoe.

CLERK'S FEES IN DISTRICT COURT.

SEC. 2. For filing each paper required to be filed, ten (10) cents.

For every summons or other process, not herein expressly named, and sealing the same, sixty-five (65) cents.

For each subpoena (provided that only one subpona shall be issued for every four witnesses unless expressly requested) forty (40) cents.

For taking bond for costs, forty (40) cents.

For filing papers on appeal from Justice of the Peace, taking appeal bond and issuing supersidens thereon, one (1) dollar.

For each entering of a suit on docket for trial, ten (10) cents.

For entering each order or rule of court for continuance, or any order, rule or proceeding of court actually entered in the progress of a suit, and counting the whole entry for one, fifty (50) cents.

For each discontinuance, retract or non-suit, twenty-five (25) cents.

For each dedimus to take deposition, one (1) dollar. For calling and swearing each jury, twenty-five (25) cents.

For swearing each witness in court, ten (10) cents. For swearing any person to an affidavit and filing the same, twenty (20) cents.

For entering each final judgment in a case, twentyfive (25) cents.

For entering each decree in chancery, ten (10) cents per folio.

For issuing each writ of habeas corpus, certiorari or procedendo, seventy-five (75) cents.

For issuing each writ of injunction, quo warranto or mandamus, one (1) dollar and fifty (50) cents. For issuing each writ of attachment or replevin, one (1) dollar.

For assessing the damages on any bond, note, or other instrument for the payment of money, by order of the court, and making a report thereof and filing said report, fifty (50) cents.

For entering special bail, if secured, in each case twenty-five (25) cents.

For swearing officer to take charge of jury, ten (10) cents.

For issuing an execution, one (1) dollar.

For docketing the same, ten (10) cents.

For entering the sheriff's return on each execution, per folio, fifteen (15) cents.

For entering the satisfaction of judgment, twentyfive (25) cents.

For entering the report of commissioners or referees, or the award of arbitrators, and all other scial entries, per folio, fifteen (15) cents.

For each certificate and seal, other than the process of court, fifty (50) cents.

For taking and approving appeal, or any other bond, each one (1) dollar.

For entering the appearance of attorney, fifteen (15) cents.

For each attachment of a witness or other person. fifty (50) cents.

For each venire facias, seventy-five (75) cents. For making bill of costs for each execution, entering the same of record in the fee book, being one charge, fifty (50) cents.

For making a complete record, for each folic, fifteen (15) cents.

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