The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1871-10-26
yntelligelrfer.
Fences. and Fence Law.

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Fences and Fence Law.
eAFor several wears past the question of fences
has been often discussed by the agricultural
press, without having resulted in any practical
move, one way or the other. The advocates OF
a ssno fence law" have always met Stun
bling block in the inexpediency of making such
alaW operative throughout the State. Some
time since we had an opportunity to see the
tsuo fence" law ih practical operation In several
codnties of Virginia, and were astonished at
the unanimity of feeling of the people IN
hoping that this law might never be repealed.
In other sections it seems that it does not work
so.well, where numbers of small land owners
depend upon pasturing COWS upon the highways
aiid,Maste lands. We confess that this knotty
problem will be difficult to solve in q manner
satisfactory to all the farming community but
Tor onrselye ess waiying al the points brought 6y
Intelligent farmers of Virginia against estap-
fishing such o law, we would merely consider
thelereat influence the abolition Of fences in
certain sections of our State would have upon
improving our system of agriculture. The most
fertile and richest farming districts of Europe
have no fences. Still more cattle is kept there
than in the same area of the best agricultural
sections Of the United States. There, necessi-
ty never existed to enclose ones land against
the depredations of his neighbor's stock
There. each person is responsible for damages
caused by his cattle; and if a law of trespass
exists here against man, it seems that one
against beasts should certainly be in force.
With no fences, cattle could receive more at
tention and become more profitable TO our
farmers Of necessity cattle would have TO o. be
fed upon crops grown for that purpose. Inc
soiling system would naturally be the result OF
this, and we may safely say that where this
system is practiced, lands are brought to a state
Of fertility unknown elsewhere. With soiling
cattle vast amounts of stable manure are pro-
duced, and as attention is paid to this requisite
of good farming, so will success and profit be
secured
Herewith we give the outlines of the Vir-
eiuia fence law, and would ask its careful pc
rusal by our Southern agriculturists:
AN ACT, relating to Fences and for the Protec-
triton of Crops. Passed January 26th, 1866:
s,,i1, Be it enacted by the General Assembly,
That in any county of this Commonwealth,
which shall adopt the provisions OF this Act
in the manner hereinafter specified, the boun,
dary lines of each lot or tract of land in said
county shall be and they are hereby constitu-
ted lawful fence.
2. Itshall not be lawful for the owner or
goat or neat cattle of any description, to per-
NIT the said animals to run at large beyond the
limits of their own lands.
8. IF any of the animals enumerated in the
foregoing section shall hereafter be found 60
ing at large, or upon the lands of any person
other than the owner, the owner or manager OF
said animals shall be liable for all damages
done by the said animals to the owner of the
crops or lands upon which they may trespass,
whether the said animals wander from the
premises of their owners in the county in
which the trespass was committed, or from an
other county.
"a. In case of trespass as aforesaid, the ag-
grieved party may make complaint to Justice
of the county in which the trespass was COM
niitted who shall issue his warrant immedi-
ateiy, returnable within five days from the date
thereof; and at the time and place named in
said warrant, the case will be tried; and the
amount of damage sustained by the complain
ant ana Judgment given for the same, with le-
gal costs, SIS in case of other warrants. And
1boa repetition of the 'offense, and for every
succeeding one judgment shall be given for
double the amount of damages sustained by the
Complainant: Provided, That when the judg-
ment of the Justice shall be for sum not, ex-
esedihg fifty dollars, the defendant, upon ap-
pealito the County Court, shall be entitled to
demand trial by jury in said Court; and
the judgment of the said Court upon the ap-
peal,ns6all be according to said verdict set
asideoa according to the rules of law. A lien
npon the trespassing animals for the payment
of the, damages, with costs thus ascertained,
shall attach from the date of the warrant, and
shall supersede all other liens, except when
this Commonwealth or the United States have
a previous claim, for public dues, upon said
animals.
ar5.. The County Court Of any county in this
G@monwealth, after due summons to the JUS
tees thereof to attend at some regular Court of
ssid county for the purpose-a majority OF the
acting Justices being present, and q majority OF
those, present concurring- declare the
provisions of this Act, or any one or more OF
them, to be in full force in their county, or in
any selected portion thereof, as to any or all of
the,animaIs enumerated in this bill.