14 The Fence Question in the South. 



planters are beginning to believe that the swine at least should be relegated to 

 the rule of the common law. 



In Maryland, indeed, there is no general fence law, but fence and herd reg- 

 ulations are left to be made for the several counties by special laws. In 

 Louisiana, though fence practice is not greatly different from other. Southern 

 States, no legal fence is prescribed, the fence system having been originally 

 shaped on French modes in the early settlement. With such modifications the 

 fence laws of the Southern States have always been stringent and specific, and 

 for reasons before indicated, it has generally been held incumbent on the 

 planter and field owner to adequately protect his crops, if he would have legal 

 remedy against trespassing beasts. 



THE SOUTHERN HERD LAWS. 



This general view of the Southern fence system is made complete by a brief 

 review of the herd and cattle laws of the Southern states, drawn from some of 

 their oldest statutes that have never become obsolete. 



In Delaware, cattle are forbidden to run at large in certain districts. 



In Maryland, damages sustained by trespassing animals are recovered by 

 sale of animals. 



Virginia statutes make the owner responsible for the damages from trespas- 

 sing animals, in any ground enclosed by a lawful fence ; for each succeeding 

 trespass by the same animals, double damages ; after two previous trespasses, 

 in five days notice, the animals to be forfeited to the aggrieved party. 



In North Carolina, damages for injury by trespassing animals are recovera- 

 ble against the owner, and by distraint of the animals. 



In South Carolina, animals breaking into a field enclosed with a lawful fence 

 are held for such damages ; but full satisfaction lies for injuring any animal 

 found in any field where the fence is defective. 



In Georgia the fields must be protected by a lawful fence, or damages for 

 trespass will not lie against the owner of the animal, and if the trespassing 

 animal be killed or injured by the owner of the field, treble damages may be 

 collected. 



In Florida there can be no trespass if the fence is not a lawful one. 



In Alabama any animal running at large may be taken up, and charges 

 collected before a justice of the peace. 



In Mississippi a ranger is elected in each county to attend to estrays. Own- 

 ers of animals are responsible for all damages in grounds enclosed by a legal 

 fence. Stray animals must be delivered to the ranger. 



Texas laws forbid all neat cattle belonging to non-residents being taken 

 into the State for grazing or herding purposes. 



In Arkansas if the fence be legal, the owner of the trespassing animals is 

 liable for all damages ; for the second offence in double damages, and for the 

 third trespass by the same animals, the party injured may kill the animals 

 without being answerable. 



In Tennessee the laws of estrays are limited to certain animals. 



There is no law in force in West Virginia to prevent cattle running at large, 

 but where the fence is lawful the owner of the animals is liable for all dam- 

 ages from trespass. 



In Kentucky the owner must protect his fields with a legal fence. The law 

 of estrays applies only to male animals and distempered cattle. 



Missouri herd laws have been made very strict by alarm as to diseases from 

 Texas and Mexican cattle. The rights of the owner of a field enclosed by a 

 legal fence are the same as in other States. 



Still another relation of fencing to southern communities deserves a brief 

 reference. According to Poor's Manual for 1881, there were 93,671 miles of 



