Section 3-4-1
Section 3-4-1
Requirements as to construction of lawful fences - Generally.
All inclosures and fences must be made at least five feet high, unless otherwise provided in this chapter. If the fence is made of rails, the rails must be not more than four inches apart from the ground to the height of every two feet. If the fence is made of palings, the palings must be not more than three inches apart. If the fence is made with a ditch, such ditch must be four feet wide at the top and the fence, of whatever material composed, at least five feet high from the bottom of the ditch and three feet high from the top of the bank and so close as to prevent stock of any kind from getting through.
(Code 1852, §1099; Code 1867, §1282; Code 1876, §1586; Code 1886, §1364; Code 1896, §2110; Code 1907, §4240; Code 1923, §7969; Code 1940, T. 3, §61.)Section 3-4-2
Section 3-4-2
Requirements as to construction of lawful fences - Rail fences for cattle and equine or equidae.
A rail fence five feet high, with the rails not more than 18 inches apart from the ground to the height of every three feet, shall be a lawful fence so far as cattle and equine or equidae are concerned.
(Code 1852, §1099; Code 1867, §1282; Code 1876, §1586; Code 1886, §1364; Code 1896, §2110; Code 1907, §4240; Code 1923, §7969; Code 1940, T. 3, §61; Act 2004-627, §1.)Section 3-4-3
Section 3-4-3
Requirements as to construction of lawful fences - Fences of three or more wires for cattle and equine or equidae.
A fence made of three or more wires securely fastened to trees or posts not more than eight feet apart, the wires being not more than 15 inches apart and the top wire at least four feet from the ground, shall be a lawful fence so far as concerns equine or equidae and cattle.
(Code 1896, §2111; Code 1907, §4241; Code 1923, §7970; Code 1940, T. 3, §62; Act 2004-627, §1.)Section 3-4-4
Section 3-4-4
Requirements as to construction of lawful fences - Fences of seven or more wires for livestock generally.
A fence made of seven or more wires securely fastened to trees or posts not more than eight feet apart, the first four wires being of four-inch barb and not over four inches apart, commencing with the first wire four inches from the ground, the fifth wire not over six inches from the fourth, the sixth wire not over eight inches from the fifth and the seventh wire 15 inches from the sixth, shall be a lawful fence against all stock whatsoever.
(Code 1896, §2112; Code 1907, §4242; Code 1923, §7971; Code 1940, T. 3, §63.)Section 3-4-5
Section 3-4-5
Requirements as to construction of lawful fences - Standard woven wire fences.
The following shall be lawful fences against all livestock:
(1) A standard woven wire fence with 10 line wires and stay wires not over 12 inches apart 47 inches high, the bottom wire resting on the ground, the line wires, beginning at the bottom, spaced not more than three to three and a half, four to four and a half, five to five and a half, six, seven and eight inches apart;
(2) A standard woven wire fence with stay wires not over 12 inches apart not less than 36 inches high, the bottom wire resting on the ground, the first eight wires beginning at the bottom, spaced not more than three to three and a half, four to four and a half, five to five and a half and six inches apart, with two wires being of not more than four inch barb, spaced so as to make the fence 48 inches high and securely fastened to trees or posts not more than 10 feet apart.
(Code 1923, §7972; Code 1940, T. 3, §64.)Section 3-4-6
Section 3-4-6
Liability of owner of animal breaking into lands not enclosed by lawful fence for trespass or damages; liability of person injuring or destroying such animal.
(a) If any trespass or damage is done by any animal breaking into lands not enclosed by a lawful fence as defined in this chapter, the owner shall not be liable therefor.
(b) If any person injures or destroys any such animal, he shall be liable to the owner for five times the amount of injury done, to be recovered before any court of competent jurisdiction.
(Code 1852, §1100; Code 1867, §1283; Code 1876, §1587; Code 1886, §1365; Code 1896, §2113; Code 1907, §4245; Code 1923, §7975; Code 1940, T. 3, §65.)Section 3-4-7
Section 3-4-7
Penalty for setting of stakes, pits, poisons, etc., by person not having fence as prescribed in chapter.
If any person, not having a fence as prescribed in this chapter sets in his inclosure any stakes, pits, poison or anything which may injure or kill an animal or stock, such person shall forfeit $50.00 for every such act to any person instituting an action for the same. Any stakes, pits or poison on any such lands are presumptive evidence that the same were set by the person in charge of such land.
(Code 1852, §1101; Code 1867, §1284; Code 1876, §1588; Code 1886, §1366; Code 1896, §2114; Code 1907, §4246; Code 1923, §7976; Code 1940, T. 3, §66.)
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