Year: 1875

The New England Farmer handles the
subject of roadside fences in recent issue,
in reply to Vermont correspondent. The
legal bearing as we'll as the economical as
pect Of the question are so well stated that
we copy in full.


Under laws that are in force in many If
not most OF tho northern states, when the
public convenience requires the laying out
and building Of new road through private
grounds, the state, county or town, as the
case may be, pays the expense Of fencing
such new road before it is opened for public
travel but the government never, so far as
we are aware, pays for the maintaining
wayside fences beyond the first cost ofbuild-
ing them. After public street has been
once fenced at the public expense, the owners
of the land abutting on the street must keep
the fences In repair at their own expense, if
such fences are afterwards maintained at all.
The kind of fence furnished by the govern.
ment varies considerably in different sections
Of the country, depending somewhat upon
the character of the materials at hand, and
also upon the liberalIity aud customs of the
inhabitants where the roads are built. ln
some sections cheap wooden fence that can
last but a very few years is all the land
owner can obtain, while in other places
whore stones are plenty, stone wall is
sometimes built that may last century
with but little expense for repairs. But be-
cause the public builds a roadside fence for
the owner of lands adjoining highway, it
does not follow that every land owner must
support roadside fence against his
own fields. 1t tnOt unfrequently happens that
man accepts a certain SUN Of money for
building roadside fence against his own
land, but fails from choice or indifference
to expend it for this purpose. The fence
built by the public is solely for the con-
venience Of the owner, that he may be able
to keep his own stock at home, but not to
keep his neighbors' animals away. Each
owner of an animal, according to the COM
mon laws in force in most of the states,
must keep that animal in, but he is not
obliged to keep his neighbors' cattle out.


Roadside fences are not built for the con-
venience of those who may desire to pasture
their stock in the public highways. Ii a
man turns his animals into the public
streets, he is liable for all damage they may
do by breaking into the fields of others.
This makes the risk so great that none but
irresponsible people will dare to allow their
animals to roam the highways unattended.
Nor is the feed growing in the highway
public or common property, but is the prop
erty of the abuttor, and no other person can
take such feed without trespassing.


We are glad you are not discussing this
subject in Vermont, even If it takes a long
while to bring about any great changes in
public sentiment. We are paying vast
amount annually for sustaining unnecessary
fences. The cost of our fences is often
greater than the value Of our farms, aud
our self.imposed taxes for the support OF
fences is becoming greater than we can bear
We are submitting to it now, only because
it is the general custom. The occasion for
roadside fences is growing less and less evory
year. as people learn to feed more at the
barn and adopt the now common practice OF
keeping most animals stabbed or yarded at
night. In the vicinity Of Boston aud for
many miles around, the highways are gen.
orally fenced, and in some instances at q
very great expense especially Is this the
case in suburban villages,-but in nine cases
out of ten, the entrances to the private
grounds Of the villagers are open both day
and night. Cattle are not allowed TO roam
the highways unattended at all, and the ex-
pensiye fences 80 often TO be seen by the side
Of gentlemen's grounds are of very little use,
except to mark the boundary of the highway
or to crafty the taste or fancy of the own.
ers, and marked change in the right d.
rection is now observable in the towns and