286 THE YOUNG FARMER'S MANUAL. 



division fence, and throw open his own fields to the commons 

 with impunity, unless he give A ten days' notice of his inten 

 tion to throw open his fields to the commons, between Novem 

 ber and April. During the time from April to November, if a 

 line fence is removed by A, and B is made to sustain any loss 

 by such removal, A is responsible for the damage. 



WHAT IS A LAWFUL FENCE ? 



393. There are three very important considerations which 

 constitute a lawful fence : viz., height, strength or substantiability, 

 and tightness. When a fence is four feet six inches high, and 

 made according to the various styles of fence laid down in Chap 

 ter II, and built of good materials, our civil law would hold the 

 proprietor of any animals that would get over it or through it, 

 accountable for any damage which they might do. A fence that 

 is three feet six inches high, might be, under certain circumstances, 

 very lawful. Sheep and swine that would get over or through, 

 by demolishing a substantial fence three feet six inches high, 

 would be considered as unruly animals / and their proprietor 

 would be held accountable for any damage done by them. 



394. I have failed to bring out in the chapter on fences, uncle 

 Will's lawful fence, which he testified in court was " a lawful, 

 buncombe fence :" "it was horse high bull strong and pig tight" 



