THE BOBAL WEW-Y©BK1R 
Cmax. 
“Every Man is presumed to know the Law. 
Nine-tenths of all Litigation arises from Ig¬ 
norance of Law .” 
LAWS RELATING TO FENCES. 
The laws relating to fences vary more or 
less in the different States, and even the 
briefest abstract of them all would cover far 
more space than can be spared here. In 
several States new fence laws are made or old 
ones amended every year, so that it is almost 
impracticable to keep track of all the laws on 
the subject in the whole 37 States, to say 
nothing of the eight Territories. Some points 
of general interest or application may, how¬ 
ever, be mentioned. 
By the “ common law ” of England with re¬ 
gard to fences, which was formerly adopted in 
most of the old American States, no person 
was bound to fence his land from his neigh¬ 
bor’s adjoining fields unless by force of pre¬ 
scription; that is, at least 20 years’ usage; 
but every person was bound to keep his cat¬ 
tle within his own land at his peril. There¬ 
fore if the owner neglected to confine his 
stock upon his own land, he was answerable 
for any trespass they might commit, even 
though they entered from the land of a third 
person or from the highway, and for any in¬ 
jury they might sustain by going on the land 
of another he was precluded from recovering 
damages. In States where this law had not 
been adopted the owner of animals was un¬ 
der no obligation to fence them in, and they 
could wander over any unfenced land as if it 
were common, and the occupant of the land 
had to keep them out at his peril. Nowadays 
the legal obligations of the owners of land to 
make and maintain partition and roadside 
fences, where no prescription or agreement 
exists, rest entirely on the laws made in the 
different States. 
When the laws of a State require two par¬ 
ties having adjoining lands to put up a 
division fence, each must make and maintain 
a just and equal portion of the same or pay 
for making and maintaining it. Certain 
local officers, usually called “fence viewers,” 
or the assessors or commissioners of highways 
in each town, acting as “fence viewers,” are 
empowered to decide the share of the expense 
of the fences each party must bear and the 
damage to the injured party from neglect to 
fence or repair when required to do so. If 
through flood or any other cause the division 
fence has been broken down, removed or de¬ 
stroyed, the person bound to make or repair 
such fence or any part thereof, shall make or 
repair the same within ten days after a writ¬ 
ten notice shall have been served on him, and 
if he then fails or refuses to make or repair, 
the other party can do the work and recover 
expenses and the costs of the suit from the 
party so neglecting or refusing. The time 
within which the fence must be built can, 
however, be extended to 30 days in some of 
the States by the “fence viewers; while in 
some of the States as much as double the cost of 
the work can be recovered,with heavy interest. 
Boundary fences are agricultural “fixtures,” 
being in their nature real estate, and they 
pass, by deed, with the land, without being 
expressed or designated as part of the thing 
granted. A tenant, whether for life or for 
years, may cut timber trees for the necessary 
repairs of the fences already existing on the 
farm, even though he has agreed to make re¬ 
pairs at his own expense; but he cannot do so 
to build additions to those already constructed 
when he came into possession. Boundary 
fences must be built on the line. If for any 
reason it is impracticable or unreasonably ex¬ 
pensive to fence on the true boundary line, the 
“fence-viewers” are required, after examina¬ 
tion of the impediment, and due notice to the 
parties interested, to decide where it is to be 
built. An agreement to maintain a bound¬ 
ary or division fence is irrevocable, except by 
mutual consent or in some way provided by 
statute. If a person neglects to maintain his 
snare of the fence and his own animals are on 
that account injured, or if he sustains loss by 
the entry upon his land of animals belonging 
to others, he has no remedy. If his animals 
stray upon another’s land through a defective 
fence or because there is no fence where the 
law provides for the maintenance of a fence 
by him, he is liable as a trespasser. A cov¬ 
enant to erect and keep a fence in repair is 
one that runs with the land and is binding on 
the successors and assigns of the covenantor. 
Tbe occupant of the laud, and not the 
owner, is the person who is bound to keep 
fences in repair, and he is entitled to such use 
and occupation of the adjoining land as is 
necessary to carry out the duty. No one is 
bound to keep up fences between adjoining 
lands of which he is the owner. When ani¬ 
mals break through a sufficient fence their 
pwners are liable for damages consequent on 
tbe trespass. If any person who shall have 
made his portion of a division fence desires to 
remove it and suffer the lands to lie open, that 
is “nrcommon,” he may do so (provided such 
lands are not cleared or improved) at any 
time before the first of November in one year 
and the first day of the April following: but 
at no other time. Then he must give ten 
days’ notice to the occupant of the adjoining 
land of his intention to apply to the “fence 
viewers” of the town for permission to remove 
the fence. If the fence viewers refuse per¬ 
mission, and he, notwithstanding, removes the 
fence, he renders himself liable for all dam¬ 
ages which may result to the other party from 
such removal. No person is bound to fence 
any part of his land which is open to general 
use or is “in common”; but if the owner of the 
adjoining land builds a partition fence along 
the “open” land, and the owner of the latter 
afterwards improves it, he must pay for and 
maintain half of the fence. The character of a 
“sufficient,” or legal fence,varies considerably 
in the different States, being determined by 
the statutes of each. 
The laws with regard to highway fences 
vary greatly in the different States. In some 
the provisions for statutory fences are very 
stringent; in others a land-owner is not ob¬ 
liged to fence against cattle on the highway 
unless they are rightfully there; in others he 
is under no obligation to fence at all; his only 
duty is to prevent his own cattle from tres¬ 
passing on his neighbor’s land. But if he 
turns his cattle into the highway to graze and 
they pass therefrom into a neighbor’s adjoin¬ 
ing field, through even an insufficient fence or 
in the absence of a fence, the neighbor can 
recover for the trespass, as the cattle were not 
lawfully on that part of the highway. In the 
absence of statutes on the subject in any 
State, the common-law rule, which does not 
require the owner to fence his land, but yet 
compels him, on his peril, to keep his animals 
on his own grounds, has an equal application 
to the owners of land abjoining public high¬ 
ways. As a general rule, railroad companies 
are required by statute to fence their tracks, 
and are responsible for all injuries to animals, 
whether by negligence or not, in case of de' 
fault. But where no statutes exist, and no 
obligation is imposed by covenant or pre¬ 
scription, the common-law doctrine applies, 
and the company is no more bound to fence 
its land than is the individual. 
CATALOGUES, ETC., RECEIVED. 
Warming Water for Dairy Cows.— 
Another experiment in this line is recorded 
in Bulletin No. 41 issued by Prof. Johnson of 
the Michigan Agricultural College. The 
experiments were conducted with great care 
apparently, and the results are clearly pre¬ 
sented in this bulletin. The result is in accor¬ 
dance with that reached by Prof. Porter, of 
Minnesota. There is little, if any, difference 
in favor of the warm water. 
Delaware College. —Bulletin No. 1. gives 
a history of the experiment station connected 
with this college, and its objects and organ¬ 
ization. 
Report of the Entomologist. —Dr. C. V. 
Rileys’ Report for the year 18S7 is published 
by itself, making a pamphlet of some 20 
pages It is taken from the annual report of 
the Department of Agriculture. 
Spaying CATTLE-^That class of agricul¬ 
turist known to our correspondent “Jersey- 
man” as “city farmers” have of late years 
been strongly advocating three practices as 
likely to greatly increase the profi's of the 
farmer. These are, warming water for dairy 
cows, caponizing young roosters and spay¬ 
ing heifers and cows. It is easy for a man 
who knows nothing about it to figure out 
fortunes in these practices. Careful experi¬ 
ments are showing that cattle when well 
sheltered and warmly housed do best on cool 
water. Caponizing is all well enough for 
Catarrh Cured 
Catarrh is a very prevalent disease, with dis¬ 
tressing and offensive symptoms. Hood’s Sar¬ 
saparilla gives ready relief and speedy cure, as it 
purifies the blood and tones up the whole system. 
“ I suffered with catarrh 15 years. I took Hood’s 
Sarsaparilla and now I am not troubled any 
with catarrh, and my general health is much 
better.” I. W. Lillis, Chicago, Ill. 
“I suffered with catarrh six or eight years; 
tried many wonderful cures, inhalers, etc., spend¬ 
ing nearly one hundred dollars without benefit. 
I tried Hood’s Sarsaparilla and was greatly im¬ 
proved.” M. A. Aubky, Worcester, Mass. 
Hood’s Sarsaparilla 
Sold by all druggists. SI; six for $5. Made 
only by C. I. IIOOD & CO., Lowell, Mass. 
100 Doses One Dollar. 
T. NICHOLAS 
T his worid- 
renowned 
magazine “ for young 
people and their elders ’ is to have 
a great programme for the new volume beginning 
with November, 1888 . The editor, Mrs. Mary Mapes Dodge, 
calls it “an all-around-the-world year.” Of course the bulk of 
the contents, as heretofore, will relate to American subjects; but 
young America is always glad to learn what goes on in the world 
outside, and these stories and descriptive papers are not of the 
dry geographical order, and they will be strikingly illustrated. 
We nave space here for only a few prominent announcements. 
America. 
“ Little Saint Elizabeth,” by 
Mrs. Burnett, author of “Little 
Lord Fauntleroy”; “The 
Routine of the Republic"; 
“College Athletics," “Ama¬ 
teur Photography," “Boys 
and the National Guard,” 
“The Girls’ Crusade,” Indian 
Stories, School Stories, etc. 
“The Bells of St. Anne,” a se¬ 
rial about Canada. South 
American stories—“A Rail¬ 
road in the Clouds”; “In¬ 
dians of the Amazon,” by Mrs. 
Frank R. Stockton, etc. 
Europe. 
Life in Norway, by H. H. 
Boyesen; "Holland and the 
Dutch,” bv Mrs. Mary Mapes 
Dodge; “ The Queen's Navy,” 
by Lieut. F. H. Smith, R. Nq 
“The Winchester School”; 
“English Railway Trains”; 
“Ferdinand de Lesseps 
German, Italian (art) and Rus¬ 
sian papers, etc., etc. 
Asia. 
Yan Phou Lee writes of 
“ Boys and Girls in China,” 
and there is a description of 
“Some of John Chinaman’s 
Inventions.” Mrs. Holman 
Hunt describes “Home Life 
in the East"; papers on Siam, 
Japan, and other countries. 
Africa. 
“The White Pasha,” by 
Noah Brooks, a sketch of 
Henry M. Stanley; “ How an 
American Family Lived in 
Egypt"; “Sailor-Boy Dro- 
mios,” a story of Alexandria. 
Australia. 
Novel and amusing informa¬ 
tion concerning history, life, etc. 
The Arctic Regions 
and the Sea. 
“ How We made the Farthest 
North,” by Gen. A. W. Greely, 
of the Greely Expedition ; “A 
Dash with Dogs for Life or 
Death,” by Lieut. Schwatka; 
“A Modern Middjr”;’ “A 
Submarine Ramble,” etc., etc. 
Do not fail to see November 
and December numbers. The 
year begins with November; 
subscription price, $ 3 . 00 . Re¬ 
mit 10 publishers or dealers. 
‘ It is simply the ] 
ideal young poo- ‘ 
' pic's magazine, 
and holds the first 
place."— Boston 
: Journal. 
PUBLISHED BY €_ 
THE • CE MT U RY* CO * = ' 
33 EAST 17™ 5T. HEW YOF 
This prince of 
E juven iles kn its to- aa 
^getherthe children \ >> 
: of the Anglo-Saxon 
‘ 7uorid."— Chris’i 
I Bf.ader, Eng. 
No. 0100 
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Tb« WITTIEST, PRETTIEST JUVENILES 
OUEER PEOPLE Palmer Cox 
( THopemeut of the Frog and the Mouse.) 
Full of the oddest pranks, charming stories and 
<u ugli-provoking illustrations by the Prince of 
uvenile artists. .Selling immensely. Critics 
ay of it : “It sets my little folks wild icith delight .— 
foil. Clinton B. Fisk. “Don't tend me another for I can't 
t the children to bed."— R. H. Conwell, D D. “Incom- 
mrably neat and elegant."—Hem. S. S. Cox. “ Fascinal- 
'•g as A’.sop and Uncle Remus."— Hon.Howard Crosby. 
AGENTS WANTED. HUBBARD BROS. 
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author, are published in neat pamphlet form, many of them 
handsomely illustrated, and printed from clear, readable type 
on pood paper: Maiwa's Revenge, by H. Rider Hapgard; Wall 
Flowers, by Marion Harland ; The Merchant's Crime, by Horatio 
Alger, Jr., Ivan the Serf, bySyivanus Cobb, Jr.; Hesperia, by 
M. T. Caldor; The Misadventures of John Nichouon. by Robert 
Louis Stevenson; Two Kisses, by the author of“ Dora Thorne;” 
Bread Upon the Walers, by Miss Mulock : Page Ninety two, by 
Mary Cecil Hay; A Vagabond Heroine, by Mis. Annie Kdwards; 
Clouds and Sunshine, by Charles Reade; Caramel Cottage, by 
Mrs. Henry Wood ; The Treasure of Franchard, by Robert Louis 
Stevenson, The Dream Woman, by Wilkie Collins ; Ruthvcn's 
Ward, by Florence Marryat ; George Caulfield's Journey, by 
Miss M K. liruddon; Mary Hardwick's Rival , by Mrs. Henry 
Wood; A Tale of Three Lions, by H. Rider Hapgard ; A Dark 
Inheritance, by Mar y Cecil Hay; My Sister Kate, by the author 
of 41 Dora Thorne;” A Woman's Secret, by Clara Augusta; The 
Wiztirdof Granwla , by M. T. Caldor; That Winter Night, by 
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