i'9o8.] 



Boundary Fences. 



607 



seven years. With the object of assisting the Society in this 

 work, the Government between September and December, 1906, 

 lent them £100,000 at 2 per cent, per annum interest. Speaking 

 on the above matter in his report for the year 1906, Lord 

 Cromer said that the whole of the £100,000 " was employed 

 and reimbursed to the Society, which was thus in a position 

 to repay the Government. In view of the large amount of 

 money required in the future, the Government has informed 

 the Society that it is unable to advance further sums. The 

 question thus becomes one of ordinary commerce. So long as 

 the Government advanced money to the Society at a low rate 

 of interest, and the Society distributed manure at a profit of 

 only 2 per cent., it was obviously impossible for commercial 

 enterprise to enter into competition with the Society. In 

 future the Society will not be able to carry on the whole of this 

 work as in the past. Commerce will, it is hoped, gradually 

 replace the Society, and, by selling at a reasonable price, will 

 induce cultivators to obtain their supplies through this channel." 



The imports of chemical manures are allowed into the country 

 duty free, and special reduced rates are in force on the State 

 Railways for carriage into the interior. It will thus be seen 

 that the Government is encouraging the native, as far as possible, 

 to use chemical manures. There is no monopoly for the import 

 of artificial fertilisers, and any manufacturer or merchant is 

 thus able to engage in the trade. 



As the Board occasionally receive inquiries as to the legal 

 position in regard to the repair of boundary fences, it may be 

 useful to state in general terms the legal 



Boundary Fences, position in this respect. 



At common law the owners and occu- 

 piers of adjoining fields are not bound to fence either against 

 or for the benefit of each other, but each person is bound to 

 prevent his cattle or other animals from trespassing on his 

 neighbour's premises. 



A liability to repair a fence can only be created by Act of 

 Parliament, as is done in certain Inclosure Acts and Railway 

 Acts, by prescription or by some agreement or covenant 

 which constitutes a binding contract between the parties. 

 Evidence of such an agreement may be implied by the fact 



