"AN ACT," February 5, 1840

Summary: This law ordered all farmers to build sufficient fences to enclose their property. If livestock got on their land, two disinterested parties would examine the fence to see if it was viable. If so, the owner of the livestock would pay reparations and if it was not, then the owner was off the hook. Also said if a farmer shot at livestock on his land and if his fence was insufficient, he had to pay damages to the owner of the livestock.

Defining lawful enclosures, and for other purposes.

Sec. 1. Be it enacted by the Senate and House of Representatives of the Republic of Texas in Congress assembled, That every gardner, farmer or planter shall make a sufficient fence about his cleared land in cultivation, at least five feet high, and make such fence sufficiently close to prevent hogs from passing through the same, leaving a space of more than six inches in any one place for at least three feet high from the surface of the earth.

Sec. 2. Be it further enacted, That when any trespass shall have been done by any cattle, horse or hogs, on the cleared and cultivated ground of any person, it shall be lawful for such person to complain thereof to any justice of the peace for the county where such trespass shall have been done, and such justice is hereby authorised and required to cause two disinterested and impartial freeholders to be summoned, who with such justice, shall view and examine on oath, whether complainant's fence be sufficient or not, and what damages he hath sustained by such trespass and certify the same under their hands and seals, and if it shall so appear that the said fence be sufficient, then the owner of such cattle, horses or hogs shall make full satisfaction for the trespass to the party injured to be recovered before any tribunal having cognizance thereof; but if it shall appear that the said fence be deemed insufficient, then the owner of such cattle, horses or hogs shall not be liable to make satisfaction for such damages.

Sec. 3. Be it further enacted, That if any person whose fence shall be adjudged insufficient, shall, with guns, dogs or otherwise, maim, wound or kill any horses, cattle or hogs, or cause or procure the same to be done, such person so offending, shall make full satisfaction to the person injured, for all damages by such person sustained; to be recovered before any tribunal having cognizance thereof.

DAVID S. KAUFMAN,

Speaker of the House of Representatives.

DAVID G. BURNET,

President of the Senate.

Approved February 5th, 1840.

MIRABEAU B. LAMAR.

Source Copy Consulted: "AN ACT," February 5, 1840, reprinted in H.P.H. Gammel, The Laws of Texas, 1822-1897, 12 vols., (Austin: Gammel Book Co., 1898), 2:353-354. http://texinfo.library.unt.edu/lawsoftexas