No. 7. DEPARTMENT OF AGRICULTURE. 1^1 



PAPERS SELECTED FROM THOSE READ AT FARMERS' INSTITUTES DURING 



THE SEASON OF 1899-1900. 



FARM FENCES AND WAYS OVEE THE FARM. 



By Hon. G. W. HOOD, Indiana, Pa. 



It is a fundamental principle of our law, that every man must 

 keep his cattle on his own laud, and, if they stray away into other 

 people's grounds, he is liable for any damage they may cause by the 

 trespass. 



At common law, it was necessary that every man should keep a 

 constant watch over his animals, or, if he did not do this, to sur- 

 round his land with a fence. 



The first and primary object of the fence, was to keep his own 

 animals in, and not to keep other people's out; and if any land- 

 owner kept cattle, he was bound to erect a fence around his entire 

 close, whether his neighbor kept any cattle or not; but, of course, 

 the same rule applied to his neighbor, because if he kept any he must 

 surround his farm with a fence also. 



liut it was discovered that two parallel f(>nces would be useless, 

 and be attended with very considerable expense, and as one and the 

 same fence would answer for adjoining proprietors, it was provided 

 by statute, March 11,. 1842, "that when any persons shall improve 

 lands adjacent to each other, or when any person shall enclose any 

 lands adjoining another's land already fenced in, so that any part 

 of the first person's fence becomes the partition fence between them, 

 in both these cases, the charge of such division fence, so far as is 

 enclosed on both sides, shall be equally borne and maintained by 

 both parties." 



T>y the same act, the auditors of the respectiv(} townships were 

 made fence viewers, whose duty it was. within four days after notice 

 given, to view and examine any line fences, and to make out a cer- 

 tificate in writing, setting forth whether, in their opinion, the fence 

 of one which has been already built is sufficient, and, if not, what pro- 



