The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-07-05
THE FENCE LAW.

The EENCE LAW.
In SOME sections of our County The
text of the late act of the Legislature,
familiarly termed the fence law, has been
made the subject of considerable COM
ment and objection. That the law is de-
fective in several respects cannot be de-
MED, but it is no more so than the former
legislation on the same question. In our
opinion, however, a great deal more
stress is laid upoh these defects than they
deserve; for if the provisions of the act
are adopted by the people these defects
can, and no doubt will, to very great
extent, be corrected by the next session
of the Legislature, which meets in No
vember, giving ample time to make need
ed changes before the first of January,
when the new law will 60 into effect.
But as the law stands now it would be
as good as the old law; and to prove this
we propose to answer the principal OBJ
lection to the form of the new act, which
is, that the penalty clause is not sufi-
cient to afford redress for the trespassing
of stock, or, in other words, that if
man is not worth more than the home
stead judgment against him for DANA
ges would be worthless. Those who urge
this objection to the law overlook the
fact that they still have the right to inn
pound stock for trespassing upon their
lands. Now, the new act, in its sixth
section, provides:
The laws now of force in regard to the
erection and maintenance of fences shall
apply to any fence erected in pursuance
Of the foregoing section and all persons
disturbing or injuring said fences shall
be punishable as provided in said laws.
From this it will be seen that all the
provisions applicable to the present fen
ces shall be applicable to the county or
township fence.
One of these provisions is set forth in
the following, contained in the General
Statutes of South Carolina, part first,
chapter so, page 273, section q:
If any horses, mules, cattle, hogs,
sheep or goats, shall break into or be
found in any field, in which shall be
growing, or ungathered, any grain, cotton
or vegetable production, raised for market
or domestic consumption, the said field
being enclosed with lawful fence accord
ing to the provisions of this chapter, it
shall be lawful for the owner of such
field to seize such horses, mules, cattle,
hogs, sheep or goats, and to keep them in
confinement until he shall have notified,
within six hours after such seizure, the
owner, or his or her agent, who shall be
bound to pay to the owner of such field
all damages which he or she may have
sustained thereby; but if it should ap-
pear that the fence inclosing such field is
not lawful fence, then the verdict shall
be for the defendant.
Hence, as this provision is made ap-
plicable to the county fence, all horses,
&c., which break into that county fence,
or are found upon any of the lands en-
closed by such county or township fence,
can be seized and held until the
owner pays the damage they have done;
and then if he refuses to pay such dam
age judgment can be obtained and the
cattle sold just as can be done now, with
this advantage, that the boundary line
would be a lawful fence, provided the
county or township fence was properly
erected and most of our fences now are
not legal, and if cattle break into them
we have no redress whatever. Again,
person violating the provisions of the
new law would be liable to Indictment
for malicious trespass. Thus, it will be
seen that so far as the remedy for tres
pass is concerned, it is as complete under
the new as under the old law; and, in
deed. it is practically more complete.