Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1896-05-14
THE CITIZEN.
The New Fence Law.

The repeal of the general fence laws OF
100 and l734 has caused some confusion
in the minds of farmers as 10 their rights
and duties as TO outside or road fences. AT
various farmers Institutes and at meetings
of the Board of Agriculture Secretary
Edge has endeavored TO set the matter
right. but notwithstanding these and other
efforts in the same direction the confusion
sull exists
The fact is that the repeal Of the general
laws of 100 and 1854 has completely re-
versed things so far as outside or road
fences are concerned. Under these acts
the owner of land was required TO protect
it against stock passing along the road or
suffer damages Since the repeal of these
laws it has become the duty of the owner
of live stock on the public roads to prevent
them from trespsssing, and If trespsss
takes place the owner of the stock is
personally responsible to the owner cf the
land for any damages done to crops or
other property. Under the old law the
crops had to be fenced 20 protect them
from stock, and now the stock must be re-
strained and the land owner is not COM
PEELED to maintain fences unless he so
chooses.
The consideration of the fence question
usually brings up other questions closely
related to it, and am Z them the right OF
the public to fruit, grass, DC. The right
t. this class of property is clearly vested
in the owner of the land and the public
have no rights to it whatever. 1t lie just
as much the property of the land owner as
il it was on the inside of good fence, and
the public lave no right to in any manner
disturb it, If trees, grass or other proper
ty in any manner interferes with public
travel the road supervisors have the right
to remove it. for nothing prejudicial to the
public right of unimpeded travel can be
allowed to remain, but the only judges OF
this are the road commissioners. So nice
is this distinction that in case of record
in court q man whose children passed
along public road on their way 70 school
obtained permission Of the road supervisors
to cut the grass 50 that it might not wet
his children's ; clothing, but after cutting it
he hauled the grass home and fed 1t to his
horse The owner of the land adjacent to
the road brought suit and recovered
hauling the grass away the farmer exceed
ed his right and the rights delegated to him
by the supervisors and made himself liable
to damages.
The land upon which a public road is
locat ed is given to the public for the right
of way or passage over it and the public
has no right in it. A man may not stop
on the public road and impede travel, for
by so doing he intereferes with the rights
of the public. He cannot haul away earth,
sand, stones or other material, for they
are as much the property of the land own
er, subject Of course to the reserved rights
Of the road supervisors, as similar material
within the fences OF the farm The owner
of the land gave merely the right of pass
age oyer the land, and if for any cause the
road is discontinued the land reverts to
him and again becomes a portion of his
farm.
The right of the supervisors ia suto-
cratic. They may for the purpose of re-
pairing roads, building bridges, &c, cut
down trees, remove earth or stone. and
the owner of the land has no redress unless
the materials are taken off his farm and
no. within the limits of the road. If taken
from his farm he is of course ntitled to
payment, but he cannot prevent their re-
moval il the supervisors see fit to insist.
Under the present condition OF our gen
eral fence laws the lines which bound the
rights of public travel are es much pro-
lection TO the farm owner and his crops at
the best fence which he can build, and any
live stock passing this line are trespassers
and liable for all damages done to crops or
other farm property In recent address
before the State Board of Agriculture Mr.
Stranahan clearly intimated thst NJ
| matter how the animals got upon th'
public road their owner was responsible
| and that if they broke out and got into The
road the owner was just ~ much response
be as if he was driving them along thu
road at the time tho damage was inflicted
Ia referring to the repeal of these law
Mr.. Stianahan spoke as follows: "Thes
| idges have held that We have no iorc'
| law as to the enclosure Of mans land
and that every man has to fence in hi
VII cattle, and il he does lot, and The,
get out and do damage to his neighb. :
must respond in dau.agcs. - Harris
| An.p i, I.pranh.