FARMERS' REGISTER— LAW OF ENCLOSURES. 



345 



We found, durinor the same winter, an extraor- 

 dinaty number of similar group-s of the eggs of a 

 leaf-roller (Lnzntcenia Rihcana?) on the branches 

 of the ffoosberry and red-currant, in a garden at 

 Lee. On some small trees, from two to ten grouis 

 of eggs were di>^covered; and as each group con- 

 sisted of from thirty to fifty, a caterpillar might 

 ha%-e been hatched tor every bud. After the se- 

 verity of the season was over, we had the piece 

 of bark cut off on which these eggf^ were attached; 

 and though they had been exposed on the bare 

 branches to the intense frosts of 1829-30, they were 

 hatched in a few da^'s afler being brought into our 

 study. As the currant-trees were not then come into 

 ieafj we had food to supply them with, and they re- 

 fused the leaves of all other plants which we ofiiered 

 to them. Had they been permitted to remain on the 

 trees till tliey were hatched, they would probably 

 have not left a single leaf undevoured. For this 

 spring, at least, these currant bushes will be safe 

 from their attacks, and of course will set at defi- 

 ance the supposed blighting winds, which no doubt 

 will, as usual, be accused of peopling the adjacent 

 gardens with caterpillars. It may be well to re- 

 mark, that these caterpillars, when hatched, are 

 scarcely so thick as a thread of sewing silk, and 

 being of a greenish color, they are not readily 

 foimd on the leaves, the opening buds of which 

 they gnaw to the very core.* 



It does not seem to have ever occured to those 

 who thus speak of insectiferous winds, that they 

 get rid of no difficulty by the supposition; for 

 where, we may ask, is the east or any other wind 

 to take up the insects, or egirs which it is said to 

 drill along? The equally sudden disappearance 

 of insects all at once, which is also popularly at- 

 tributed to winds, arises from their having arrived 

 at maturity, and fulfilled the designs of Providence, 

 by depositing their egffs for the ensuing season, 

 when they all die, some in a few hours, though 

 others survive for several days, but rarely lor 

 weeks. 



The sudden and simultaneous appearance of 

 great numbers of frogs, snails, and other land an- 

 imals, has given rise to the extravagant opinion 

 that they have fallen in a shower from the clouds; 

 and some goodly theories have been devised to 

 account for the probable ascent of frog-spawn, 

 and the eggs of snails, into the atmosphere by 

 whirldwiuds. The impossibility of this, in conse- 

 quence of their specific graWty, is of course left 

 out of consideration by the theorists. Our dis- 

 tinguished naturalist, Ray, when riding one after- 

 noon in Berkshire, was much surprised at seeing 

 an immense multitude of frogs crossing his path, 

 and on looking into the adjacent fields he found 

 that two or three acres of ground were nearly co- 

 vered with them. They were all proceeding in 

 the same direction towards some woods and ditches, 

 and he traced them back to the side of a very 

 large pond, which, in spawning time, he was in- 

 formed, swarmed with countless numbers of frogs. 

 He naturally concluded, therefore, that, instead of 

 having been precipitated from the clouds, they had 

 been bred in the pond, from which they had been 

 invited a short time before, by a refireshing shower, 

 to go in quest of food.f Their great numbers will 



appear le.ss marvellous, when we consider that a 

 single froo; spawns, as De Montbcillard informs us, 

 about 1300 eggs. Were it not, indeed, for their 

 numerous enemies, and their not being fit to propa- 

 gate till they are three years old, the country 

 would soon be overrun with these reptiles. We 

 have more than once seen a similar legion of hair- 

 worms ( Gordii aquatici,'L\^^.) in a garden at 

 Lee, in Kent, every plant and spot of ground lit- 

 erally swarming whh them. Their numbers, 

 however, were easily accounted for, as a stream at 

 the bottom of the garden abounds with them, and, 

 like frogs, they appear to be amphibious. 



*J. R. 



tRay's Wisdom of God in the Creation, p. 1.56. 

 Vol. II.— 27 



THE I>A\V OF lA'CLOSURES. 



/in act, to reduce into one. the several a^ts for pre- 

 venting trespasses; declaring what shall he deem- 

 ed a lawful inclosure. 4'c. 



1. -Be it enacted by the General j/ssemhly, That, 

 if any horses, marcs, cattle, hogs, sheep or goats, 

 shall break into any grounds, being inclosed with a 

 strong or sound fence, four feet high if made with 

 stone, and five feet high if made with any other 

 materials, and so close that the beasts breaking into 

 the same could not creep through, or with an 

 hedge two feet high, upon a ditch three feet deep, 

 and three feet broad, or, instead of such hedge, a 

 rail fence of two feet and a half high, the hedge 

 or fence being so close that none of the creatures 

 aforesaid can creep through, which shall be ac- 

 counted a lawful fence: the ov\'ner of such horses, 

 mares, cattle, hogs, sheep or goats, or any one of 

 them, shall, for the first trespass so committed, 

 make reparation to the party injured, for the true 

 value of the damage he shall sustain, and for every 

 trespass afterwards, double damages, to be reco- 

 vered, with costs, in anv court of record: Provi- 

 ded, That for a third offence, for any one of the 

 beasts aforesaid breaking into such inclosures, it 

 shall be at the election of the party injured to sue 

 for his damages, or to kill and destroy the beasts so 

 trespassing, without being answerable for the 

 same. 



_ 2. And, that the condition of the fence, at the 

 time the trespass committed, mav be proved to a 

 jury upon trial; Be it enacted. That, upon com- 

 plaint made by the party injured, before any jus- 

 tice of the peace of that county wherein such tres- 

 pass shall be, such justice is" hereby empowered 

 and required to issue his order without delay, to 

 three honest house-keepers of the neighborhood, 

 no ways related to the party injured, nor interest- 

 ed concerning the trespass, reciting the complaint, 

 and requiring them to view the fence where the 

 trespass is complained of, and to take memoran- 

 dums of the same; and their testimony in such case 

 shall be good evidence to the jury touching the 

 lawfulness of the fence. 



3. If any person damnified for want of such 

 sufficient fence, shall hurt, wound, lame, kill or de- 

 sto}', or cause to be hurt, wounded, lamed, killed or 

 destroyed, by shooting, hunting with dogs, or 

 otherwise, any of the kind or breed of horses, cat- 

 tle, sheep, hogs or goats, he, she, or they so of- 

 fending, shall pay and satisfy to the owner of the 

 creature, so hurt, wounded, lamed, killed or de- 

 stroyed, double damages, with costs; recoverable 

 as aforesaid. 



4. All owners of horses, mare?, cattle, or other 



