The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1900-01-31
Ahout Fancss

A correspondent recently asked the
Bellsfonte Wstchman, from which jour
nal the following is taken, "'if a person
can be compelled to put up fence along
public road, and if the law requires the
building and maintenance Of line fences
and also that it publish the law relating
to fences passed by toe last Legislature"
The editor complies as follows:
In order that our correspondent may be
his own judge in the matter as TO the ne
cessity Of fencing We give in connection
herewith all general legislation relating
to this subject that has been enacted into
law since 1859 Prior 10 that time the
general fence law of 1907 was in force. Il
required that "all grounds kept To- en-
closures within the province shall be well
fenced with fence at least i've feet high
of sufficient rail or logs and close at the
bottom" During Governor Beavers term
OF office he signed an act repeating the
lst section of the act Of 1907, which re-
quired fences to be erected aud designated
" hat should constitute a lawful fence.
That repeating act was as follows:
That so much of an act, entitled IAN
act for the regulating and maintaining
Of fences" passed Ammo Domini one
thousand eight hundred and seven. aud
reads as follows, namely: "For prevent
ing all disputes and differences that may
arise through the neglect or insufiieiency
OF fences in this province. and counties
annexed, be it enacted, That all corn
fields and grounds kept for inciOsures,
within the said province and counties an
nexed. shall be well fenced, with fence az
least five feet high, OF sufficient rail or
logs. and close al the bottom and who
sOever, not having their grOunds inclO-ed
with such sufficient fence a. aforesaid,
shall hurt, kill or do damage 10 any horse,
kline. sheep, hogs or goats, OF any other
persons, by hunting or driving them out
Of or from the said grounds. snail be liza
ble t. make good ali damages sustained
thereby TO the owner Of the said cattle.
Prov Ided, That all sort of swine going al
large. contrary 10 the intent OF al act
made and passed AZ this present session,
entitled An act for restraining OF swine
from running at large" shall not fail nor
lie deemed within the construction Of this
act. But il any horse, kline, sheep, hogs
or goats, or any kind of cattle. shall break
into any mdn's iuclOsure, the fence being
Of tie aforesaid height and suflcieucy.
and by the view Of two persons. for that
purpose appointed by the county court,
found and approved % be sueh, then the
owner OF such cattle shall be liable To
make good all damages 20 the owner Of
the enclosure, for the first Offense single
damages only, and ever amer double the
damages sustained And ali persons hav-
ing unruly horses. mares or cattle. that
are not 10 be kept OF by such fences as
aforesaid. are ordered. and shall beoblig-
ed. TO take effectual care to restrain the
same fr0m tre-passing on their neigh
bOrs' inf losures." being the tirst section
OF the said act be, and the same Is hereby
repealed.
This virtually did away with all legal
fencing within the State, except in count
les having local fence laws, by repeating
the section fixing what kind Of a struc-
ture should be erected and maintained as
fence. in 1877 an act was signed by Gov.
Hastings, and which reads as follows:
Tha- in ali cases where any Of the pub
lie highways within this Commonwealth
are so located as TO render them liable, on
account of high wind during the winter
season, 10 be so filled with 5 Ow a. 10
cause them u be impassable. aud where,
in the judgments Of the supervisors OF
roads OF the several townships in " hich
such public highways are situated. such
drifts OF snow can be avoided by the re-
rnoval of any board rail or other fence
that may be erected along either side Of
such pu bile highways and replacing the
same by a fence constructed OF posts
wire and boards. or rail combined. il may
be lawful for such supervisors u agree
with the owners Of such fences upon
plan for the erection Of fence construct
ed OF posts. wire and boards. or rail c1m-
bined. And u may be lawful for super
visors to pay the owners OF such fences a
sum not 70 exceed the first cost of the
wire used in the construction OF snch
fences: Provided. That the wire used in
the construction nf such fences shsll be
without barhs: Provided. That this act
shall not apply to any stone wall. hedge
or ornamental fence thar i now or may
be hereafter constructed.
The act which Governor Stone signed
in May, 1893, Is as follows:
That il shall and j. hereby declared to
be lawful for any land owner within this
Commonwealth IN construct, build and
msintaiu. along any Of the highways Of
this Commonwealth. fences made in
" hole or in part of wire without harbS,
subject At all times 10 such restrictions
and prohibitions as may be imposed by
the municipal authorities relative there
20.
A fence, in whole or in part of wire,
without barbs. - hereby declared % h4
a legal aud lawful fence within the mean
ing and provisions OF any act Of the Legis-
latura Of this State relative b the bniid-
ing, constructing and maintaining Of line
fences. provided that snch wire fence
shall be Of the height required BY such
act or acts. Ali statutes iucnuSiSteut
herewith be and the same hereby are re-
pealed.