Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-01-22
The Eeuce-LaW.
CHATHAM, VA, January 20, 1890.

CHATHAM, VA, January 20, 1890.
To ne Editor of the Dispatch:
in your issue of the 18th instant noticed
n letter from o. H. New IN opposition tC
the fence-law. His argument IS that the
owner of the trespasslng animal was a
widow and that no damages were proved.
1t certainly was trouble and expense TO the
complainant TO catch and cOntine the hog
and ascertain its owner, and the widow
certainly violated the law in allowing her
hog to 20 at large How often 1t had gone
at large or committed damage before ii was
caught is not stated, but from my expe-
rience in such matters it is probable that
tins hog had been often O trespasser and
that this was the first time it had been
caught and the ownership ascertained, and
then. as it should be in all such cases. ex.
emplary damages were given.
The fault of the present fence-law is that
| it requires for its enforcement a warrant
from the party damaged and proof OF
damages. and thus sets neighbors at va
rance. A more efficient and satisfactory
law would be one that made it penal Of
fence for any stock to 90 at large, uhetter
hey commit ddmd9eor not, and made it the
duty of every constable or other officer TO
seize such animals and sell the same for
| the benefit of the poor of the county, al
| lowing the owner, VINO shall when known
| be notified, to redeem the same by paying
costs and such fine as may be assessed
against him by magistrate. In addition
| to this, if there be aparty damaged by the
trespass he should also have right to a
| warrant or an action for the damages sus-
| tanned.
In Rockingham county, n. c., they have
fence-law, which they there call a stock
law which contains provisions of that
kind, and also allows fifty cents to any one
giving information of any violation OF the
law to an officer. 1t was predicted when
that law went into operation that lawless
persons would turn out the stock OF others
in order to get this reward, but the Clerk
of the Court of Rockingham. n. c., informs
me that during the four years in which
that law has been in operation not case
of the kind has occurred, The law is 50
perfect and so efficient that ii is universally
obeyed, and those who were most bitterly
opposed TO it at first are now its strongest
advocates. 1t works like charm, and that
county has greatly improved under its
operation; waste places, which formerly,
for fear of some h'tckieber7y bull, worth
about s.. could not be cultivated and were
turned out as commons are now brought
under cultivation or well set III grass, and
the whole county presents the appearance
of o well-cultlvated farm, with luXuriant
crops and grass fields down To the edge
of the public roads without fencing or
Indigenous Of any kind. The people there
saw they would abandon farming before
they would 90 back to the old system Of
running miles of fencing to keep out few
scrub cattle or rdzor-bdok hogs. All the
fencing needed there now is one good,
strong pasture-fence on each plantation
for the common use of the owner and his
tenants If he has any. This can be built
at one tenth the labor and expense 1t takes
to fence against tho whole outside world,
The old Virginia fence-laws, Professor
Minor used to say, were legal permits to
trespassers. Our present fence-law ia an
improvement, but 1t is very Inefficient. IS
expected TO enforce itself by the litigation
of neighbors, ~ consequently not enforced
with uniformity, and this uncertainty OF
its enforcement makes it trap for the I'M
wary. 1t in many neighbOrhoods increases
the amount of fencing instead of lessenlng
it, for peaceable. law-abiding man, owing
to the uncerteinty of its enforcement, has
not only to fence in his own stock,
but TO fence out his neighbors' also. The
only thing Mr.. New really proves IN his
letter is the inefficacy of the present man.
ner of enforcing the law. This should be
remedied by more efficient law; not by
going back TO the absurd system COM
menced by the settlers at jamestown for
enclosing their few and small patches of
cleared land-a system well adapted 10 q
bowling wilderness, but totally unsuited
to our present conditional system which
has been kept up for 200 years only upon
the principle of the boy who put the stone
in the meal-bag because his daddy did.
What is now needed in this portion of Viz
ginia is an efficient fence-law like the stock
law of Rockingham, N. c.. and our Vir.
ginia solons could not do the poor farmers of
Eastern Virginia greater service than by
adopting and enacting that law in place of
the present loose, uncertain. and inefficient
fence-law. ID. Ii. PASNILL.