The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1866-04-10


FENcEs-Many persons, who have
stock running at large, are u~nacquainted
with the laws now in force relative to en-
closures. Farmers, and especially those
in the vicinity of villages, are much an
noyed With stock trespassing upon their
premises, and we have understood that
they are determined to put the law in
force, as it now is. Let the Law be OBJ
served, or let it be repealed, SO that ell
may know upon what they have to depend.
The spring of the year is upon US, and
owing to the extremely disagreeable wealth
er in March many farmers have been I'M
able to put their fences in order, and are,
therefore, compelled to call upon all, who
have stock running at large, to obey the
Law.
We saw a farm a few days since in this
neighborhood upon which there we're
some twenty head of sheep, about fifteen
head of hogs and ten head ofcattle roam
ing at will over some sixty acres Of
cleared land. True, the outside fences
were not good, but the land was enclosed.
None of this stock belonged to the owner
of the farm. The hogs were roofing
up the meadows, and the sheep and cat
tie eating up the newly sprouting grass,
whilst the stock of the owner of the farm
were all stabbed, and not suffered to run
at large over his own premises.
We do not know what may be consider
ed an enclosure, within the meaning Of
the statute; but we believe it is generally
considered that an enclosure of land
would be any kind Of a fence that dis
tinctly marks the boundaries of lot or
tract of land. Suppose a farmer would
make an outside fence of posts with one
board two feet from the ground, would it
not be an enclosure? IF not why did the
Legislature repeal all laws relative to
lawful fences2
The only laws now in force relative to
fences are the following: See Swan l.
Critchfeld's Statutes, page 648.
Sec. 1. Provides for the expense of
making partition fences, how adjusted.
and by whom borne.
Sec. 2. Provides by whom partition
fences shall be kept in repair. and
Sec. 3, The settlement Of contr over
sizes in relation thereto.
Sec. a. Provides how parties may APP
ply to trustees for a REIMBURSEMENT of said
controversies. j
Sec. 5. Relates to damages sustained
by trespassing animals on account of par
|tition fences being out repair, &c., and
how ascertained and recovered.
Section 6 relates to the removal of par
tition fences, by giving six months no.
tiee.
Sec. z, which is the new section passed
April I, 1866. is in these words: off any
horse, mule, ass, or any neat cattle, hogs,
sheep, or goats, running at large, shall
break into or enter any enclosure, other
han enclosures of railroads, the owner of
any such animal shall be liable to the
owner or occupant Of such enclosure for
all damages occasioned thereby; and the
animal so breaking into, or entering any
enclosure, shall not be exempted from ex-
%ecution issued on any Judgment or decree
rendered in any court. or before any JUS
tice of the peace, mayor, or other officer
having jurisdiction, for damages occa-
stoned by such trespass.
Sections s, 9, 10, IL, IL, Is and IA are
repealed by the act of April Z. 1866
These sections provided for assessment of
damages where fences were ~adjudged by
the trustees to be of sufficient height,and
how collected. Thus leaving section z as
above reeited, as the only law relative to
trespassing animals.
Sections Is, 16 and IL are not repealed,
but refer simply to how proceedings may
be had when q fence is on the line of one
or more, or in two or more townships Of
the same or different counties, and where
suits are to be brought. y sasIs esnasa
1t would be we'll for those having stock
ruaning at large to pay attentionto this
law and save themselves trouble.
Crr;nr &c hare rodolant Nth nor.