26 BOARD OF AGRICULTURE. ' 



was legally chosen and sworn. 6th, That the certificate of oath, 

 in due form, is recorded. 1th, That he gave bond with satisfac- 

 tory sureties. 8th, That the bond was properly sealed, signed 

 and witnessed. 9th, That the bond show municipal approval. 

 10th, That the pound keeper has a legal record book. 11th, That 

 there is a certificate of the impounding. 12th, That food and 

 drink were furnished, as required. 13th, That the pound keeper 

 did not blunder. With such a brigade of ihats, impounding will 

 "stick." Be it remembered, that many technical dicta are inter- 

 woven in each step, and the falling out of one essential dictum 

 lames the proceedings in each step. If one is " pierced with 

 pains " for a fence-law suit, let him resort to an action of tres- 

 pass, a penal part offence law, said to be "brimful" of peril. 

 If one would see everything of law's delays, from the " alphabet 

 to the diploma," and the questions of fact to be put into the 

 lottery -verdict' of a petit-jury, let him try his hand in an action of 

 trespass against one schooled in the intricacies of law. 



The procrastination of penal law with its quirks and quibbles 

 and subterfuges, is doing more to thwart the ends of justice, mul- 

 tiply offences and foster crime, than all other causes combined. 

 The law is so lax in laying penal hands upon rowdies, roughs, and 

 rogues, that a vigilance magistracy may be required to preserve 

 the peace. With all the threatenings of penal fence law, experi- 

 ence finds after digging down through the dead stuif of that law, 

 that the only safeguard is in a good and sufficient fence. This, 

 however, is a digression. 



The "equal shares" of line fences, may be determined by 

 mutual agreement, assignment or prescription. The point we 

 make is, that division fences be upon division lines. That Ameri- 

 can weakness of ours to annex territory, retracts when a fence is 

 pushed over the line, for it loses its chattel character and becomes 

 a part of the reality. The land holds it. Here is another of law's 

 anomalies, for while land may hold a division fence, a fence within 

 the limits of a road may hold the land. To sum up : 



AVe call for the repeal of a law which \s fencing in by its declar- 

 ations, but fencing out by its penalties. 



We call for the repeal of a law which puts the saddle upon the 

 wrong horse — grass, not grazing land. 



We call for the repeal of a law which is a Babel of technical 

 pesters, which no man can name or number. 



