The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1872-03-22
THE KALEIDOSCOPE.
"A map Of busy life,
Its fluctuations and vast concerns
Hog Law.

A good many years ago, when George |
+. Boal was practising law in Muncy,
Mr. Cotner of Muucy Creek came into |
his office one day, and said "Mr. Boal,
| come in just to know what the rate
hog law is" "Wel, sir" replied the
quick witted lawyer, "I think Mr., |
Cotner, the rate hog law is to have good |
fences" Mr., Boal was perhaps as nearly |
right, and conveyed as much informa- |
tion IN that one sentence, as if he had |
spent half an hour in explaining to his |
client the actual condition ofthe statutes
respecting "swne."
Like Fish" and "Game' 'and" Birds" |
the laws relating TO "swinen are in a
similarly anomalous condition; the
regulations being different for different
counties, and requiring, like the sub
jects above mentioned, some compe.
tent legislative attention. The differ
ent condition of the country from that
in which it was one hundred and sixty
six years ago, when the statute digested
in Purdon became aw,seems to require
different individual duties, and bestow
corresponding rights. And indeed,
looking at the foot notes in Purdon, it
has often been mooted question,
whether there is any hog law, rate or
other, in Columbia county, so my
eudeavor will be to show what is the
exact condition of the Jaw, 50 far as we
are concerned.
In the year 100, Smith l3, the Gen.
eral Assembly as it was then called,
passed ian act for regulating aud main
tanning fences )" wherein it was provid-
ed "that all corn fields and grounds
kept for Enclosures, shall be well fenced
with fence at least five feet high, of
sufficient rail or logs, and close at the
bottom !" and any person not having
such fence who should hurt, kill, or
damage any horse, kline, sheep, hogs or
goats, trespassing upon his premises
should be liable TO the owner of said
cattle, for all damages. And that, If
any Of the animals aforesaid, broke into
an iuclosure having such sufficient fence
then the owner Of the cattle was TO
make good all the damages TO the owner
of tho inclOsu ure if by the view of two
persons for that purpose appointed by
the county court, the fence shall be
found and approved TO be Of the afore.
said "height and sufliciency."
Previously to this, but at the same
80 at
for restraining of swine from running
at large" and which is referred to in
the Fence Act; but it was repealed on
the 18th of October, 1901, and is not
found in the law books. Then in 1905,
an act was passed, entitled, "An act TO
prevent the running Of swine at large"
but which was limited in its effects to
the territory "~ithih fourteen miles of
the navigabe waters of the river Della
ware" and within that compass "all
swine. hog or hogs, sh0at or shoats, or
pigs without rings in their noses su1n
cient to prevent their turning up the
ground, and triangular or three corner
ed yokes or bows about their nccks,
and to extend at least six inches from
the angular point or corner,' were liza
ble to be killed, taken, driven, or carried
away by any person upon whose lands
within the prescribed limits, they were
found trespassing. Smith 20.
On the 10th Of May, 1923, the Assem-
bly, passed "a supplement to the act
entitled All act to prevent the running
ofswine at large" whereby the original
was" extended throughout the province
Of Pennsylvania :" "Forasmuch as the
country is become more populous, and
it appears necessary TO provide the same
r2n edy for the inhabitants living in the
other parts OF this province" Smith
17G. On the same 10Th day of May,
1929, Smith 173, was also passed IAN
act for erecting of Pounds in each town
ship Of this Provir ce;" but the word
ing of the act extends only to the taking
''up any stray horse or horses, cattle or
sheep, trespassing within the inclos
ure," of the taker. Aud on the 4th
day Of March, 1868, | Smith 2j7, was
passed, IAN act concerning cattle. horses,
and sheep. trespassing within this
province :" and reciting that the laws
heretofore made "have proved ineffec
tual." And although "swine" are not
mentioned in the acts, yet they may be
held to be included, for we have already
seen that in an act passed in 100, For
regulating and maintaining fences" /
Smith l3, they say horse, kline, sheep
hogs or goats, and refer to them subse
quenlly in the same act collectively, as
"said cattle" So thar under the head
of seattle" the Assembly may have ia
tended TO include "swine.'
On the 9th day of March, 1884,
Smith 96, was passed "An act to regu
late fences, and TO appoint appraisers ii
each township in the counties of Bed
ford, Northumberland, WestmOrelaEd
; Washington aud Fayette, aud to en-
courage the raising of swine" The pre-
amble sets forth that, "Whereas by al
, act of General Assembly of the late
province of Pennsylvania, entitled "AI
act for erecting of Pounds in each town
. ship" passed the tenth day of May, on,
) thousand seven hundred and twenty
, nine, and an act entitled "An act con
, cernipg cattle, horses and sheep" pass
e.! the fourth day of March, one thou
, stnd seven hundred and sixty three
) the heights of a lawful fence thereiI
. mentioned Ito wit four feet and q hal
: high, are found to be insufficient. Ant
t whereas a supplement to an act, entitle
0 Gan act to prevent swine running a
j large, passed the tenth day of May, ON
y thousand seven hundred and twenty
f nine, is found to be injurious to grea
= part of the frontier counties Of this Stat
e for remedy whereof" it was enacted
/ that worm fences must be four feet an
@ a half high, with sufficient stakes an
riders added thereon-that it shall nc
l. be lawful thereafter TO kill, take G