LAW FOR THE FARMER. 307 



cent proprietor shall see fit to cultivate or pasture, or occupy any 

 portion of the land adjacent to this fence, he may be compelled on 

 proper notice, and an adjustment by the fence viewers of the pro- 

 portion he shall pay, to pay for one-half of this fence already built, 

 whatever it may then be worth. 



Sometimes very diflScult questions arise, as where a man occu- 

 pies land, and cattle occasionaly run in. I cannot go into all 

 these nice questions this afternoon ; I can not make you all law- 

 yers if I would, and I would not if I could, because I should thereby 

 deprive myself of the necessary means of subsistence. It is only 

 the first principles that I shall teach you, if I teach at all. It is 

 sufficient to say that a man may be compelled to build one-half of 

 the fence along one side of his farm, while he may not be com- 

 pelled to build any part of the fence on the other side of his farm 

 if he has abandoned it to waste, common or wood-land ; and if his 

 neighbor should encroach upon him, along the part where there 

 is no fence, he will have his remedy against his neighbor. 



When the fence viewers have given notice to parties, and have 

 had a hearing and made an adjudication, and a proper minute 

 thereof iu writing, and a copy of that adjudication has been re- 

 corded by the town clerk of the town, that becomes a binding 

 obligation, so far as it goes, that each shall always keep that fence 

 in repair, and keep it up according to that adjudication, which is 

 not only binding as between the parties, but upon their heirs and 

 assigns ; in other words, binding upon subsequent owners. Par- 

 ties may very properly, and very easily and peaceably, agree, 

 under their own hands, what portion each party shall build and 

 keep in repair ; and that being recorded with the town clerk, is 

 binding as between the parties, their heirs and assigns. This is 

 really the cheapest and most Christian-like way in the world in 

 which to take care of these fence matters. Agreements in writing 

 if not recorded, may be made, which may hold as between the imme- 

 diate parties, but may be found invalid against subsequent 

 owners. It may happen that if a fence has been kept up in sep- 

 arate portions for a period of twenty years by the proprietors, or 

 those under whom they claim, that such prescription will be held 

 to be binding upon the parties, their heirs and assigns. 



It is quite frequently the case that neighbors keep up a sort of 

 joint fence together, no actual division having been made, but each 

 one contributes a little labor, and they go on in an amicable man- 

 ner from year to year and patch up this fence. Suppose A's 



