372 MISCELLANEOUS 



would in many cases necessitate the erection of double fences, 

 frequently with a strip of land between. 



19. That such a necessity does not arise is in a great measure 

 owing to the fact that fortunately farmers generally are forbear- 

 ing and neighbourly, and ready, as a rule, to fulfil their recog- 

 nised obligations. 



20. In the comparatively few cases where a tenant seeks to 

 evade his responsibilities in this respect, he does not thus get 

 rid of his liability, as between his landlord and himself, and should 

 be compelled to keep up the fences which belong to his holding. 



21. Serious trouble through wilful neglect to maintain boundary 

 fences most frequently arises in the case of small occupying owners, 

 who have often only recently come into possession of their 

 holdings. 



22. No doubt it would be an advantage if some easy remedy 

 for such cases could be provided. 



23. Probably in many even of these cases a full investigation 

 would show that a statutory obligation to repair already exists by 

 award or otherwise ; or if such were lost, the presumption that 

 there had been such a lost grant might well be strong enough to 

 give a prescriptive right. 



24. The following are the main provisions of the Bill as drafted 

 on behalf of Mr. Morrison, and subsequently revised : 



(1) That the Act should only apply to adjoining closes 

 of land in different ownerships. 



(2) Where under Enclosure Act or Award, or under an 

 express grant or agreement, or under any implied grant 

 arising by prescription, there is a duty to fence, such duty 

 shall extend to maintaining the fence. 



(3) Where a fence is wholly upon one of the adjoining 

 closes the owner of that close shall be liable to maintain it. 



(4) W T here the duty to fence is by prescription only the 

 duty shall be sufficiently proved if the party on whom the 

 duty is said to devolve can be shown to have repaired the 

 fence during the last twenty years, or to have prevented 

 the other party repairing it. 



(5) Where the legal duty to maintain an existing fence 

 between two adjoining closes belonging to different owners 

 is in dispute either party may refer the matter to the Board 

 of Agriculture, who shall accept the reference, and whose 

 decision shall be final. 



(6) Where no legal duty to maintain a fence between 

 adjoining owners exists provision is made for the mainten- 

 ance of such fence at the joint expense, in such proportions 

 as the Court shall order. 



25. Whilst it is true that a measure somewhat on these lines 

 would be heartily approved in parts of a number of counties in 

 England, on the other hand, any change in the law in this direc- 

 tion would be strongly opposed in other parts of the country, 



