— -XI- 



agreement sets fire to his portion and the fire extends 

 to the land of the others, the same law is to he fol- 

 lowed. And if the persons interested in the clearing 

 set up a fence round it, and, though most of them 

 fence their respective portions, one person neglects to 

 do so, this is no offence ; but if, owing to such neglect, 

 the crops of the others are eaten by pigs or buffaloes, 

 he shall make good the loss, for it was by his neglect 

 in not fencing that it occurred, and if the whole crop 

 is devoured by animals the same law is to be observed. 



[Obligation to fence. Cattle-trespass. Perak Code.~\ 



To declare the customary law regarding the du- 

 ties of the owners of growing crops. Ye must all have 

 fences and ditches [round your holdings] and must 

 not neglect to watch them.* 



Growing crops are of two kinds. First, those 

 which are fenced in. In the case of these, if a buffalo 

 or ox effects an entry and be stabbed at night [by the 

 owner of the crop or his people], the latter must make 

 good half of the value of the beast. But according 

 to another sound doctrine, the full value of the beast 

 must be made good (by the crop-owner) and the value 

 of the damaged crop must be made good by the owner 

 of the beast. 



* " The prevalence of this practice (the enclosure of cattle in fences), and 

 the care with which fencing- is universally attended to, is the best evidence of 

 the value set upon land by a dense population. Their perception of the rights 

 of property, and their desire to maintain and respect them, are amply attested 

 by their many arrangements to restrain the trespass of cattle. On the other 

 hand, one of the most serious annoyances with which the planters of the South 

 have had to contend, both on their Coffee and Sugar Estates arises from the 

 notorious indifference of the Kandyans and Singhalese in this particular, and 

 their disregard of all precautions for securing their buffaloes and bullocks by 

 day or by night." Tennent : s " Ceylon, " II, 532. 



