ANOMALIES OF FENCE LAW. 25 



by the anomalies of statute law, additional to the 390 rods, he 

 must build one-half of the village lot fence adjoining his strip of 

 common, half of IJ's, half of C's, the whole of D's, both road 

 feccep, or 1,051 rods in all. Thus it is how the anomalies of fence 

 law oppress, an oppression which comes to every farmer having 

 fences to build. / 



Suppose one to be blessed (?) with neighbors who won't take 

 care of their cattle without the thumb-screw of law, the statutes 

 provide a choice of ways to torture, one by impounding and the 

 other by an action of trespass. Impounding is like a bridge of 

 boats, broken and tossed by the angry sea, while the pinch of an 

 action of trespass is best expressed by this epitaph, (written by 

 one having a spite against a deceased neighbor :) 



" Here lies his body. For his soul 

 You'll havo to search a deeper hole." 



So one searching for redress in the deep-hole of law's delay 

 must invoke the aid of meek-eyed patience. The perils, the 

 motors of law, have become little else than wordy blows, or so 

 slow and uncertain as to incur no dread. It is not excessive 

 severity, but swift certainty, which deters crime. If the hot 

 breath wasted over the "death penalty" was turned scalding hot 

 on law's delays, either gallows or prison would have fresh terror. 

 The swift certainty of peril has clean gone out of fence law, by 

 the impounding process at least. Its road to justice is intensively 

 crooked and full of judicial escapes. Says the law, "every beast 

 found at large, or injurying any person in his land, may be im- 

 pounded till the forfeiture and all fees are paid by the claimant." 

 This has an enticing look, but the "look" is all there is of it. 

 AVhen one distrains the beast of another and proceeds to impound 

 it, he exercises a naked and st^ttutory authority. The course 

 plotted upon the chart of the law must be followed without devia- 

 tion. Each and every step, from first to last, is a separate and 

 independent fact. All of these facts must exist and be in place. 

 Every form required must be observed ; any departure from the 

 statute made is contrary to the genius of judicial law. The 

 "steps" which must " toe in " and " toe out " with statutory 

 precision are, 1st, That the beast was unlawfully upon the land 

 from which it escaped. 2d, If rightfully there, that it did not 

 escape through a defect in his share of the fence. 3J. That there 

 is a pound. 4th, That there is a pound keeper. 5th, That he 



