Fitzgerald enterprise. (Fitzgerald, Ga.) 1895-1912, 1907-02-14
AS TO ROADS

close a private road when the same passes
through his land.
The question is frequently raised when
land changes hands, and The Times has
looked the matter up. Ordinary Wood in
forms us that where road has been used
as much as year the parties owning land
adjacent, may proceed to close same by
giving thirty days notice of such intention
and getting an order from the Court of Ordi-
nary.
But where road has been opened for asa
long as seven years, it then becomes an es-
tablished road and cannot be closed up,
nor can fences encroach upon same near
err than seven and half feet from the cent
err thereof on either side
Where such road passes thro the cor
ner of a lot of land it may be moved to the
land line of such lot, upon due notice being,
given but there is no way of closing up said
road after the seven years of use.-Dubln
Times.
The next day we received the following let
ter.
Fitzgerald, Georgia, February, 9th, 1907.
Editor of Enterprise,
Dear Sir:
Your article copied from the Dublin
Times" Regarding Private Roads" is per-
nicous and dangerous to the p u bic
welfare, in-as-much as it m G h be
So the means of melting breach of the peace.
Your article is calculated to encourage tres
pass. Of course you excuse your error on
the ground it is copied from an exchange;
this in not sufficient reason, and it was
your duty to have yourself acquainted with
the law before issuing broadcast an article
false and misleading.
In Justice to landowners who suffer great
ly from these sociastictr espassers will ask
yoa to secure and publish
Section 3O65 500 VOL of the Code, Ref.
So Ga, 233, 234. Section COZ and 663, o 1856,
vol 1, Ref. 68 Ga, 523, 90 Ga, 100, 81 Ga, 749,
70 Ga, 10Y, SO Ga, $685. 90 Ga 300, IS Ga, ISL
81 Ga, % and 80,
l will expect you to publish the part of
code and decisions in full, this will be in
accordance with your Wanted love of fair
play,
Sydney Clare,
And yesterday we received the following
Feb. II, 1907.
Editor of Enterprise,
Dear Sir
Your road article had the desired effect.
did not have to wait long for the realiza-
ton of my prophecy, for between its ap-
pearance and Sunday night my pasture
wire north of the plantation was cut, letting
out my cattle; they also tore down fences
in four places in farms am clearing north
of the railroad shops. This is merely to show
me they can travel through my land if they
want to, although to do so it is necessary to
leave the convict road at one point and
again Join after traversing across a part of
two land lots,
Of course | never catch these criminals IN
the act of destroying my property, other
wise you would have very different article
to chronicle. Faithfully yours,
Sydney Clare,
On investigation we find that Mr. Clare,
who by the way is a very good lawyer himself,
is correct.
Section 3065 of the Code reads; The right
of private way over another's land may arise
from express grant, or from prescription by
seven years uninterrupted use through i'm
proved lands, or twenty years over wild lands
or by implication of law when such right is
AGSSSSSolf W LuS CuJOy ACnt VI IduuS 8 loutSu
by the same owner; or by compulsory purchase
and sale through the ordinary, in the manner
prescribed by this Code.
The supreme court has decided that the
mere travel of the road does not give the pro-
scriptive right, but that it must be kept up and
worked.
Merchants National Bank