310 



BOARD OP AGRICIiLTURE. 



rather than a foot beyond the line, because when the fence stands 

 wholly upon one side of the line, it immediately attaches to the 

 soil and becomes a part of the realty to which it is so attached, 

 unless built there by the consent of the owner of the soil. If I 

 build my division fence wholly on my neighbor's land, by trespass, 

 he owns the fence, and may enforce that right. So, unless the land 

 was very valuable, much more so than the fence, I would be very 

 sure that the fence 1 built was not upon my neighbor's land. 



I have built about a mile offence on a little piece of land, about 

 thirty acres, that I own. I have a very good neighbor who has 

 built his part of the fence and done very well. lie has been very 

 kind to me, and has put nearly all the fence on my land. Still, if 

 he will only let it stay there till we agree to move it, we shall use 

 it for the purpose of a line fence, and I shall not complain. 



When one party ceases to improve his land or lays open his en- 

 closure, he shall not take away any part of his partition fence 

 adjoining the next enclosure improved, if the owner or occupant 

 thereof will pay therefor wliat two or more fence viewers, on due 

 notice to both parties, determine to be its value. 



When there has been a legal record division of a fence dividing 

 improved lands, and a proprietor proposes to lay waste his land, 

 in order to exonerate himself from liability to maintain his part, 

 he must give six months' notice of his intention to all occupants 

 of adjoining lands. 



Pounds and Trespass. 



I notice here and there among the audience one of that unfortunate 

 class called lawyers, and I suppose that every one of them knows 

 precisely what I shall say about pounds and impounding beasts. 

 If you were all lawyers, I would not utter a word, on this subject. 

 But there is a statute pi'ovision that each town shall furnish one or 

 more sufficient pounds, which shall be kept in repair, and that they 

 shall elect annually one pound-keeper at least to each pound, in 

 which cattle which have been committing trespass, or which are 

 found in the highway contrary to law, may be placed That 

 pound-keeper is not only to be elected, but he is to be sworn ; he 

 is not only to be sworn, but he is to give bonds to the acceptance 

 of the municipal officers of the town ; and if he fails in any one of 

 these requisites, and there is any lack or laches, he is no pound- 

 keeper, and is a trespasser if he undertakes to act as pound- 

 keeper. Suppose there were a pound-keeper but no pound in a 



