128 BOAED OF AGEICULTUEE. 



owners ; but if one portion of the island approaches nearer to 

 one side of a stream than it does to the other, the greater part 

 belongs to the owner of the nearer estate according to its ap- 

 proximation thereto. 



And this is so whether the island has been formed by 

 gradual deposits from the river or by some sudden division 

 of the river, unless the owner of one side or the other of the 

 river should be able to show that it was created by a disrup- 

 tion of his laud. 



Not unfrequently land is bounded by a building, or the side 

 of a building standing upon the adjoining land ; and it has 

 been held that a boundary " by a hous.e " conveys the land 

 only to the ," edge of the eaves." 



FENCES. 



Having now considered the most important questions con- 

 cerning the construction given to the words and phrases ordi- 

 narily used in conveyances to determine the quantity and 

 boundaries of the estate, we will now inquire as to the rights 

 and liabilities of the owners of lands as regards fences. 



By the General Statutes of the Commonwealth it is pro- 

 vided that " fences four feet high and in good repair, consist- 

 ing of rails, timber, boards or stone, and brooks, rivers, ponds, 

 creeks, ditches and hedges or other things, which the fence 

 viewers within whose jurisdiction the same shall lie shall con- 

 sider equivalent thereto, shall be deemed legal and sufficient 

 fences. The statutes also provide that the respective occu- 

 pants of lands inclosed with fences, shall, so long as both 

 parties improve the same, keep up and maintain partition 

 fences between their own and the next adjoining inclosures in 

 equal shares. 



Towns are required annually to elect "fence viewers," 

 and by application to them, provision is made how and in 

 what n^nner delinquent owners may be compelled to make 

 their share of the division fence, or to pay for such share 

 when built by order of fence viewers by the adjoining 

 owner. 



The rights and duties of the fence viewers are created 

 wholly by statute ; and it is essential that the provisions of 

 the statutes should be carefully and strictly regarded ; their 



