The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1873-02-06
The Fence Law.

The Fence Law.
The question of the necessity for change
in the enclosure laws is one of no little lmpor-
tance, Ameasure of this sort was introduced
earlyfin the present session, but was reported
on nnfavorably by the Committee on Agricul-
tnre, and dropped. Public opinion, however,
has rot failed to make itself known, and we
have copied several articles from our exchang,,
es, in which the expensiveness IN timber, and
cost of labor to make and keep up fences, were
cohclusiyely shown: We think that change
is imperatively demanded. 1t is impossible to
see or appreciate the advantages OF system OF
fencing whose heavy expense is compensated
all against the imposition upon the farmer of
the labor, trouble and expense OF fencing out
other peoples stock. Let every man take care
of his own stock, and not let it roam at large,
trespassing upon the pastures and woodlands
of his neighbors, and breaking into their culti-
waited fields. It stands to reason that 1T Is
wrong in ITSELF 1t is, besides, source OF
difficulties and disagreements among neighbors.
We seem prodigiously slow in this State to find
out few plain matters, althoug gh we have had
the teneft of exhaustive and conclusive dis
cussion upon them, and the example of sue
cessful reform in them, instituted in Virginia,
Georgia and Alabama. A fine practical dis
cussion of the whole fence law, and an elabo-
rate explanation of desirable economic arrange
ments, which would speedily follow the adop-
tion Of new system, were made many years
ago ir this State, in the columns OF the South
e1p Standard, published in Charleston. No
doubt the arguments then used SUNK deep IN
some Of our peoples minds. But, indeed, ar
gument is hardly any longer necessary. Prej-
nochor nj
getting out of old ruts, to enter upon the
smooth and attractive path of progress, are the
chief obstacles. And these, we hope, are
crumhling and breaking down. We have al
ready commended, and again warmly commend
the portion of Gov. Moses late message which
is addressed to this subject. His views upon it
are sound, his treatment of each topic connec-
ted with it minute and searching, and he has
embraced all that need be considered. AS
there is no politics in fences, and the argument
of Gov. Moses is an excellent and instructive
one, il deserves to be carefully read and pom
dered by the people.
The last Legislature of Georgia passed law
on this sisubject' 1t declares the boundary lines
of every lot or parcel of land lawful fence,
and provides for the impounding of all roying
stock which may trespass on it, and the collec..
ton If damages from its owners in each and
every County, after certain proceedings, which
are described, have been had, to make the law
operative. in. that County.
sMr. Joseph Crews, who seems to have given
this subject the reflection it deserves, yesterday
introduced bill into the House of Representa-
itiyes, to provide for the keeping and pasturage
lof stock. A cursory examination convinces US
that it is a prudent and needed measure. We
hope chat il may receive careful and dispassion-
~ 1o &c fboI / nrtcld
ture, and that it will not adjourn before adopt
ing some legislation that will relieve us of an
oppressive burthen, and be in keeping with
the enlightened spirit of the times as exempli
fed in the policy of our more prosperous
neighhors:- The bill provides that if any hor-
ses, uules, sheep, hogs, cattle or goats shall
break into any field of growing or ungathered
crops of grain, cotton or vegetable product,
either for market or home use, it shall be lawful
for the owner of such field to seize such ami
mails and keep them in confinement until he
shall lave notified, within twelve hours, the
owner or his agent. If the owner is unknown,
he shall advertize the same in County news
paper, or post q notice in three conspicuous
places for,ene week The owner (orhis agent)
of the stock thus impounded and advertised
shall he held bound to pay all damages sus-
tanned by it. If the animals should not be
claimed, the owner of the field will have right
to SELL them to pay the damages. In case of
refusal to pay the damages done, the owner of
the field may complain to a Trial Justice, who
shall assess, collect and pay over the damages
to the injured party. In the second section of
the bill, it is provided that all fences of rails,
boards or posts and rails, or of any embank-
ment Of earth capped with rails, or timber of
any sort, and closely and strongly made, shall
be aawful fence; and every person owning
stock shall be bound to keep such lawful fence
around his pasturage grounds except where
some stream or deep water course shall be a
boundary of such pasturage lands, and shall be
sufficient fence. Any person is authorized
to enclose pastures, and to charge not exceeding
one dollar per annum for each head of stock
pastured therein. Penalties are provided in
the fourth section against any person who may
let down. or attempt to do so, any pasture fence
OF open any pasture gate with the view to let
animals escape The fifth section enacts that
incorporate cities and towns shall keep public
pasture within two miles of the corporate linn
its, for the convenience of residents; also, that
planters shall furnish pasturage for each adult
male lsborer employed by him, and be respon-
sible for damage done by cattle owned by his
laborers. When horses and other stock stray
into any field road, lane or highway, and be-
come injured, the owner shall not be entitled
to damages, except in case of malicious mis-
chief
We tlo not give this bill our unqualified ap-
proval, as it now stands. 1t is in the main,
however, a good one, and we hope that the
representatives of the farming interest in the
Legislature will give it fair consideration,
amend what may be defective, or curtail what
is superauous, and give us a good, practical
law-one which will suit our circumstances and
advance our prosperity. Columbia Phenir.