[Each of the foregoing acts, relating to fees in Sacramento County, was repealed so far as inconsistent with "An Act providing for the government of the County of Sacramento," approved April 25, 1863, 503, by Sec. 44 of that Act. An Act concerning fees of certain officers of the City and County of Sacramento, approved May 9, 1862, 508, was likewise repealed in the same manner and by the same act.] XXVI. An Act to provide for ascertaining the amount of fees paid to certain officers. Approved April 1, 1864; 1863-4, 277. fee-books. statement. 3025. SECTION 1. From and after the first day of July next, every sheriff, county Certain officers clerk, county treasurer, county recorder, county auditor, justice of the peace, consta- to keep ble, tax-collector, court commissioner, and notary public, authorized by law to receive any fees for official services of himself or deputies, shall keep a fee-book, in which he shall enter an exact and full account in detail of all fees, commissions, or compensations, of whatever nature or kind, by him or his deputies earned, collected, or chargeable, with the date, the name of the payer, if paid, and the nature of the service in each case. Within two weeks after the close of his official term he shall deposit said book in the office of the clerk of the board of supervisors of the county in which he held his office. In the first week of January and July respectively in every year he Sworn shall file in the office of the clerk of the board of supervisors a sworn statement in writing of the amount of fees earned, collected, or chargeable by him or his deputies for official services during the six calendar months ending on the last day of the previous month. If any person shall hold more than one office, he may keep a separate fee-book for each office, and may make separate statements for each, or he may keep a joint fee-book and make joint statements, at his discretion. The clerk of the board of supervisors of the several counties of this State are hereby required respectively to make an abstract of the amount of fees returned to him as having been earned, collected, or chargeable, by the respective officers named in this section, and shall forward the same, duly sworn and certified to, to the secretary of State, in the month of January of every year, to be by him filed in his office. State officers. 3026. SEC. 2. From and after the first day of July next, all and every officer of the Other local and several counties of this State, all local officers resident and officiating therein under the State laws, and all State officers within this State not named in section one of this act, who are authorized by law to receive any fees for official services of himself or deputies, shall keep a fee-book, in which he shall enter an exact and full account in detail of all fees, commissions, or compensation, of whatever nature or kind, by him or his deputies earned, collected, or chargeable, with the date, the name of the payer, if paid, and the nature of the service in each case. Within two weeks after the close of his official term he shall deposit said book in the office of the secretary of State; in the first week of January and July in every year he shall file in the office of the secretary of State a sworn statement in writing of the amount of fees earned, collected, or chargeable, by him or his deputies for official services during the six calendar months ending on the last day of the previous month. certain officers. 3027. SEC. 3. This act shall not apply to the officers in the several counties who, Exemption of by existing law, are required to keep fee books and make sworn statements,(^) except as to the provision requiring the clerk of the board of supervisors to file an abstract with the secretary of State; provided, however, that in case by existing law the officer Proviso. with whom the said statement is required to be filed should be other than the clerk of the board of supervisors, then and in that case said officer, whoever he may be, is hereby required to file with the secretary of State the abstract as herein provided, and at the time and in the manner provided for clerks of the board of supervisors to perform such service. failure to 3028. SEC. 4. If any officer should refuse or wilfully neglect to keep a fee-book, or Penalty for to deposit said fee-book, or to file any sworn statement as required in this act, he shall comply. () The officers in Nevada County were required to keep such fee-books, etc., by act approved April 18, 1859, 285. Also, the officers of Yuba County by act approved April 21, 1860, 235. Also, the officers of Santa Barbara and Los Angeles Counties by act approved April 6, 1861, 103. Also, the clerk, recorder, and sheriff of Contra Costa County by act approved May 14, 1961, 376. Also, the sheriff, clerk, recorder, and treasurer of Santa C'ara and Alameda Counties each, by act approved May 17, 1861 477. Also, the various officers of San Francisco City and County, with the exception of the surveyor and assessor in certain cases, by act approved May 17, 1861, 554. Also, the clerk recorder and sheriff of Solano County, by act approved April 6, 1863, 182. As to the officers of Sacramento County, see the act approved April 25, 1863, 503, Sec. 21. be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine not to exceed two hundred dollars, and by a sentence of removal from office, if he should be in office at the date of sentence. Lawful fenco defined. Fences. FENCES IN AMADOR, SAN DIEGO, SANTA BARBARA, TRINITY, KLAMATH, AND SISKIYOU COUNTIES. An Act concerning lawful fences, and animals trespassing on premises lawfully inclosed. 3029. SECTION 1. Every inclosure shall be deemed a lawful fence, which is four and a half feet high, if made of stone; and if made of rails, five and a half feet high; if made upon the embankment of a ditch three feet high from the bottom of the ditch, the fence shall be two feet high; said fence to be substantial and reasonably strong, and made so close that stock cannot get their heads through it, and if made to turn small stock, sufficiently tight to keep such stock out. A hedge fence shall be considered a lawful fence if five feet high and sufficiently close to turn stock. Trespasses by 3030. SEC. 2. If any horses, mules, jacks, jennies, hogs, sheep, goats, or any head of animals on grounds inclosed neat cattle shall break into any grounds inclosed by a lawful fence, the owner or manby a lawful fence. ager of such animals shall be liable to the owner of said inclosed premises for all 12 Cal. 535. damages sustained by such trespass; and if the trespass is repeated by neglect of the owner of such stock, he shall, for the second offense, be subject to double thé damages sustained by the owners of said premises. Penalty for injuring animals 3031. SEC. 3. If any owner or occupier of any grounds or crops injured by any anientering on lands mal or animals breaking into or entering on grounds not inclosed by a lawful fence, not lawfully inclosed. shall kill, maim, or materially hurt or injure any animal doing such injury, he shall be liable to the owner for all damages, and also all costs that may accrue in a suit for such damages. [The foregoing act was the general law on the subject until the act of April 27, 1855, 154, which repealed it as to all the counties of the State, except Butte, Amador, Tuolumne, Calaveras, San Diego, Nevada, San Bernardino, Colusa, Placer, Santa Barbara, Yuba, Trinity, Shasta, Klamath, and Siskiyou. Subsequently, the act of April 27, 1855, was so amended as to itself cover Butte, Calaveras and Nevada Counties. Other acts were passed as to Contra Costa, San Bernardino, Colusa, Shasta, Tehama, Placer, Yuba, and Tuolumne Counties, as will be seen further along.] Lawful fences. Post and rail fence. l'icket fence. Ditch and pole tence. FENCES IN GENERAL. [Not applicable to Amador, Tuolumne, San Diego, San Bernardino, Colusa, Placer, Santa Barbara, Yuba, Trinity, Shasta, Klamath, and Siskiyou Counties.] An Act concerning lawful fences. Approved April 27, 1855, 154. 3032. SECTION 1. Lawful fences are described as follows, viz. : First. Wire fence 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 diameter-the 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. Second. 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. Third. 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. Fourth. 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. Fifth. Pole fence shall be four and a half feet high, with stakes not less than three Pole fence. 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 con- Hedge fence. sidered lawful when, by reliable evidence, it shall be proved equal in strength, and as well suited to the protection of inclosed lands as any one of the fences described in other subdivisions of this section. Sixth. Brush fence shall be four and a half feet high, and at least twelve inches Brush fence. 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. 3033. SEC. 2. Any fence which, by reliable evidence, shall be declared as strong, Other fences as substantial, and as well suited to the protection of inclosures as either of the above strong. described, shall be a lawful fence in all the counties of this State, except Sonoma, Napa, El Dorado, Yuba, and Marin.() [Amendment, approved May 13, 1861, 513. 3034. SEC. 3. In each of the counties named in the preceding section of this act, Lawful fences in the following described shall be a lawful fence, viz.: certain counties. First. Post and rail fence shall be made of post not less than four by six inches, Post and rail. set in the ground not less than two feet, with rails not less than three inches thick, placed not more than five inches apart, for the first three feet, and after that not more than eight inches apart, the fence to be not less than five feet high. Second. Worm fence shall be five feet high, with additional stakes and riders, no Worm. greater space to intervene between the rails than in a post and rail fence. Third. Post and slat fence shall be of the same height and with the same space Post and slat." between the slats as above, in this section, the post shall not be less than twelve inches in circumference, and not less than two feet in the ground, the slats to be not less than one and a half inches thick, all well fastened to the post with twelvepenny nails. Fourth. Paling fence shall be of the same height, and the post of the same size, Paling. and set in the ground the same depth, as in a post and rail fence, with post not more than ten feet apart. Fifth. Ditch fence shall be four feet wide at the top, and three feet deep, with post Ditch. set in the embankment not over seven feet apart, with three slats not less than four inches wide, and one and a half inches thick, all securely fastened to the post. Or3035. SEC. 4. Any fence which, by reliable evidence, shall be declared as strong, Other lawful substantial, and as well calculated to protect inclosures as either of those described in the third section of this act, shall be a lawful fence in each of the counties named in the second section of this act. fences. fence for lien. 3036. SEC. 5. When a fence has been erected by any person on the line of his land, Using another's and the person owning the land adjoining thereto shall make, or cause to be made, an inclosure. inclosure on the opposite side of such fence, so that such fence may answer the purpose of inclosing 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; provided, if the party so inclosing shall neglect or refuse to pay for Proviso as to the one-half of such fence, the land so inclosed shall become liable therefor, and the value of the one-half of such fence shall become and remain a lien upon such land, and shall draw interest at the rate of fifteen per cent. per annum until paid. Notice of such lien shall be filed in the office of the county recorder of the county, as provided by law for mechanics' liens. The value of the fence at the time such inclosure was made, shall be the amount, with interest thereon, to which the builder of the fence shall be entitled. [Amendment, approved April 3, 1860, 141. 3037. SEC. 6. When two or more persons own land adjoining which is inclosed by Partition-fence. 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, (4) The original section was the same, with the exception that it did not mention "Yuba." Repealed, as to excepting Marin, by act approved April 9, 1855, 123. 3038-3044 Fences on the line. Repair of partition-fences. Counties exempt. Marin County. Parties to maintain when notified of such fact, shall proceed to erect, or cause to be erected, one-half of such partition fence; said fence to be erected on, or as near as practicable, the line of said land; and if, after six months' notice given, either party shall persist in refusing to erect, or cause to be erected, 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 cost of such fence from the other party, and he shall be entitled to the lien upon the land thus partitioned, as provided in the preceding section. [Amendment, approved April 3, 1860, 141. 3038. SEC. 7. All partition fences separating adjoining inclosures 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. 3039. SEC. 8. The respective owners or lessees of lands which now are, or here after may be inclosed with fences, shall keep up and maintain in good repair all partition fences between their own and the next adjoining inclosures, in equal shares, so long as both parties continue to occupy or improve the same. 3040. SEC. 9. Nothing in this act shall be so construed as to apply to the counties of Butte, Amador, Tuolumne, San Diego, 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.() [Amendment, approved April 4, 1864, 1863–4, 465. SEO. 10. An act entitled, "An act concerning lawful fences, etc.," passed March thirtieth, one thousand eight hundred and fifty, is hereby repealed, except as far as the counties exempt from the provisions of this act are concerned. 3041. SECTION 1. That so much of the “act of April twenty-seventh, one thousand eight hundred and fifty-five, concerning lawful fences," as excepts the county of Marin from the operation thereof, be, and the same is hereby repealed. An Act amendatory of and supplementary to an act entitled "An Act concerning lawful fences." Approved April 3, 1860, 141. [Sections 1 and 2 contain the amendments to Secs. 5 and 6 inserted in the foregoing act of April 27, 1855.] 3042. SEC. 3. Except when otherwise agreed, partition fences dividing lands ocpartition fences. cupied on both sides shall be maintained throughout the year, each party keeping in repair the portion constructed by, adjudged to, or paid for by him. If either party fails so to do, the other may give him three days' notice that he will call upon three disinterested householders, at a specified hour on the day fixed, to examine such fence, and, if they deem it insufficient, to assess the amount necessary to make it sufficient. Failure to repair. 3043. SEO. 4. If, within fifteen days thereafter, the party to whom notice has been given shall fail to repair such fence, the complainant may do so; and in that case he shall have cause of action against the other for the amount so assessed, with twenty-five per cent. damages thereon. 3044. SEC. 5. Upon such trial, the defendant may impeach the assessment, and in that case, the court or jury, as the case may be, shall determine the amount of damages. An Act amendatory of and supplementary to the act of April 27, 1855, 510. ity, Shasta, Klamath, and Siskiyou; and said counties are hereby excepted and excluded from the provisions of this act. The above amendment took effect from its passage, but on the same day, that is to say, by act approved May 18, 1861, 518, it was also amended so as to read as follows (which act did not take effect for sixty days): SEC. 9. Nothing in this act shall be so construed as to apply to the counties of Butte, Amador, Tuolumne, Calaveras, San Diego, Nevada, San Bernardino, Colusa, Placer, Santa Barbara, Trinity, Shasta, Klamath, and Siskiyou. Nevada County was virtually stricken out of this section by an act approved April 1, 1864; 1863-4, 318. See act in the test further along. [Section 1 contains the amendment to Sec. 9 of the act of April 27, 1855, given in a note to that act.] 3045. SEC. 2. An Act amendatory of, and supplementary to, an act concerning Butte County. lawful fences, approved April third, eighteen hundred and sixty, is hereby made appli cable to the county of Butte. SEC. 3. This act shall be in force from and after its passage. An Act to extend over the County of Nevada the provisions of the act concerning lawful fences, approved April 27, 1855, and acts amendatory thereof and supplementary thereto. Approved April 1, 1864; 1863-4, 318. 3046. SECTION 1. The provisions of an act entitled an act concerning lawful fences, Nevada County. passed April twenty-seventh, eighteen hundred and fifty-five, and of the act amendatory of and supplemental to said act, approved April third, eighteen hundred and sixty, and the act amendatory of said act, approved May eighteenth, eighteen hundred and sixty-one, are hereby extended over, made valid and binding, and declared to be in full force and effect in the County of Nevada; and all provisions contained in said acts expressly excepting said County of Nevada from the operation of said acts are hereby repealed, in so far as the same relate to and have effect in said County of Nevada. FENCES IN CONTRA COSTA COUNTY. [An Act concerning lawful fences in the County of Contra Costa, approved March 4, 1857, 54, and repealing all conflicting acts so far as that county was concerned, was repealed by the following act:] An Act concerning lawful fences in the County of Contra Costa. Passed March 5, 1858, 40. 3047. SECTION 1. A fence constructed of posts of reasonable size and strength, Lawful fences. firmly set in the ground, not more than twelve feet apart, if a rail or picket fence, and not more than eight feet if a plank fence, the rails or plank 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 of ordinary size and strength, strongly nailed to a rail above and one below, or driven into the ground and nailed to a rail above, reasonably close, and four and a half feet high; if a ditch fence, the ditch to be three and a half feet wide at the top, and three feet deep, the embankment to be on the inside of the inclosure, with a rail, plank, or picket fence on the embankment, to the height of three feet; or any other kind of fence equivalent in height, quality, and strength to the above kinds of fences, are hereby declared lawful fences in said county. 3048. SEC. 2. Any horses, mules, jacks, jennies, cattle, sheep, goats, or hogs, break- Trespasses by ing down, through or over a fence lawful by this act, the owner of such animal or animals shall be liable for the damages done, and shall pay double damages for any subsequent trespass by such animal or animals. SEC. 3. An act concerning lawful fences in the County of Contra Costa, approved March fourth, one thousand eight hundred and fifty-seven, is hereby repealed. An Act supplemental to the foregoing act of March 5, 1858. Approved May 8, 1861, 277. animals. 3049. SEC. 1. When a fence has been erected by any person on the line of his land, Partition fences. and the person owning the land adjoining thereto shall make an inclosure on the opposite side of such fence, so that such fence may serve to inclose his ground also, he shall pay the owner of the fence erected one-half the value of so much as serves as a partition fence. When two or more persons own land adjoining, which is inclosed by one fence, and either desires that a partition fence shall be made between them, he shall notify the party, or parties, in interest, and each shall build his proportion of the fence; on failure to do so within three months, the party giving notice may build the fence, and collect from the party, or parties, in default, by law, a just proportion of the cost of the fence, together with costs of suit. Partition fences dividing lands inclosed on both sides, shall be kept in repair by all the parties in interest. If either party fails to repair, after five days' notice, the party giving the notice may repair and collect by law a due proportion of the expense of repairs, with costs of suit. A party having built, or paid for, a portion of a partition fence, shall have the right to remove, or exact pay for the same, when such fence shall cease to be a partition fence, by the removal of the outside inclosure. SEO. 2. In all cases of claims for the value of partition fences, or for repairs thereon, |