160 BOARD OF AGRICULTURE. 



All such rights of way are apt to be nuisances to the 

 farmer, and not unfrequently lead to litigation. 



It is important to know, that, in whatever mode a right of 

 way is acquired over your land, 3^ou have ordinarily a right, 

 in the absence of any stipulation to the contrary, to erect 

 suitable gates or bars at the entrances thereto from the 

 highway ; and if the other party leave them open, and cattle 

 get in, or yours get out, he is liable to you for the damage 

 which ensues (9 B. Monr. 21; 22 Iowa, 161; 44 N. H. 539; 

 45 Md. 357). 



AS TO FAEM FENCES. 



It was a fundamental principle of our law (contrary to 

 that of many of the United States), that every man must 

 keep his cattle on his own land at his peril. He was liable 

 if they strayed away into other people's grounds. It was 

 necessary, therefore, at common law, that evevy man should 

 keep a personal watch over his animals, or surround his land 

 with a fence. TJiis fence was primarily, therefore, not to 

 keep other people's cattle out, but to keep his own in : and 

 so any land-owner, if he kept cattle, was bound to erect the 

 entire fence around his close, whether his neighbor kept any 

 cattle or not; and, if the latter also owned any, he must do 

 the same, or keep his beasts at home in some other way. 



But two parallel fences would be attended with useless ex- 

 pense ; and, as one and the same fence would answer for two 

 adjoining proprietors, it was long ago provided by statute 

 law that adjoining owners of improved lands should main- 

 tain partition fences in equal shares ; and, if they did not 

 agree how the fence should be divided, either might apply to 

 the fence-viewers, elected by the town every year, to decide 

 which part each proprietor should keep up. And if, after 

 such decision, either party refused or neglected to build or 

 keep in repair his portion, the other could do so, and recover 

 the expenses of the delinquent owner by a suit at law. It 

 follows, therefore, that if my adjoining owner does not keep 

 up his half of the fence, and my cattle get through and 

 injure his crops, he has no redress against me, since his own 

 neglect was, in part at least, the cause of his injury. But 

 now comes in a very important addition to this rule ; and 

 this is, if my cattle stray beyond the immediately adjoining 

 land, into the farm of a third person, and there injure his 



