BOUNDARY FENCES 369 



1888, briefly and lucidly stated the position, though it is 

 doubtful if the expression " throughout the greater part of 

 England," in the second paragraph, is correct. The report 

 was as follows : 



That except so far as regards lands enclosed under general or 

 special Enclosure Acts, in which cases the enclosure award 

 specifies by whom any fence is to be made and maintained, the 

 maintenance of boundary fences is regulated by common law. 

 That law is that a man is bound to take care that his cattle do 

 not wander from his own land and trespass on the land of others. 



But, on the other hand, throughout the greater part of England 

 there is a custom, which, however, has not the force of law, that the 

 man on whose land any fence stands is bound to maintain that 

 fence so as to be efficient not only against his own but also against 

 his neighbour's stock. 



The common law principle above mentioned had its origin in 

 early times before enclosures were general. When the first 

 enclosures were made the obligation imposed on the party enclos- 

 ing was that he should keep his stock on the land withdrawn 

 from the adjoining common field. Every person making an 

 enclosure was thus obliged to fence his own close. 



To avoid double fences, and the consequent outlay and waste 

 of land, the custom that each man should maintain his fence 

 against his neighbour's stock probably arose. This custom has 

 proved of practical convenience as between neighbours. 



Under these circumstances your Committee are of opinion that 

 the law should be varied so as to give legal effect to the custom. 



For this purpose it is necessary to obtain a statutory enactment, 

 since no other means exist to give legal effect to the custom except 

 in the very rare cases where direct prescription can be proved. 



This was submitted to local Chambers, twenty of whom 

 approved, two suggested trifling alterations in the report, 

 and four preferred that matters should remain as they were ; 

 the latter were the Berks and Oxon, Gloucestershire, Ciren- 

 cester, and West Suffolk Chambers. At the following June 

 meeting the Committee were authorised to draft a Bill upon 

 the lines indicated in the foregoing report. They proceeded 

 to raise a special fund for this purpose, but in November, 

 1890, they reported that they thought that the fact of the 

 recent establishment of the Board of Agriculture necessitated 

 an alteration in the course which it had been proposed should 

 be followed, and recommended that the Board be requested 

 to introduce a Government measure dealing with this subject. 



A A 



