[From Lex Scripta, 1819]

An ACT, for making and repairing of Fences.

WHEREAS there have been severall good laws and Statutes heretofore made (as well for the Encouragement of good Husbandry in this Isle, as also for the Preservation of good Neighbourhood betwixt Tennant and Tennant) that every Person should fence and inclose his Lands as well in the Winter as in the Summer Season and by that Means that every Man might reap the Benefit and Advantage of his own Estate; and for that it is observed, that the said Laws and Statutes are not so duly kept and put in due Execution as the ought to be; and that one chief Reason thereof is, because there are some bad and ill-disposed Persons who will not join with their Neighbours in making up and repairing their Part or Proportion of their Fences according as they are obliged by Law to do, but will rather suffer their Fences to lye open, whereby they may become Trespassers on their Neighbours Lands with their Cattle, Horses, Sheep, &c. and so not only impoverish their said Neighbour, but hnder him from fencing and improveing his Lands according to the Intent of the said Statutes: For remedy whereof for the future, be it enacted by the Right Honourable the Lord of this Isle, the Governor, Officers, Deemsters, and twenty-four Keyes, that if any Person or Persons whatsoever shall for the future inclose or fence any Part or Parcel of his Lands, and be willing to make such Fences thereupon as the Law requires, and that any of his Neighbours, whose Lands and Tenements do abutt and adjoin unto him, and are by Law obliged to make up the said Fences with him, do refuse to join therein, That such Person or Persons is to obtain a Token from the Governor or Deemsters to require his or their said Neighbour or Neighbours to join with him in making up and repairing the said Fences according to the Height and Breadth hereafter set down within such a convenient Time as the Governor or Demsters shall appoint; and in case his said Neighbour or Neighbours do neglect or faile to do the same within such limitted Time as shall be set down by the Governor or Deemsters as, afforesaid, that then, and in default thereof, such Person or Persons is to employ labourers to make up the said Neighbour's Part or Proportion of the said Fence and to keep a just Account of the Cost and Charges thereof, and make Oath of the Truth of the said Account (if Occassion require) before the Governor or Deemsters, and thereupon Execution is to be immediately granted him by the Governor or Deemsters for levying the said Charges, by taking the Pawn of the said Neighbour or Neighbours, and selling the same forthwith to satisfy the Charges aforesaid, without any further Suit; and if he or they do refuse to deliver a Pawne, he or they are to be committed by a Soldier according to the ordinary Course of Law.

And whereas formerly it was ordered, That all Fences were to be only five Foot high, it is now upon further Consideration hereby enacted by the Authority afforesaid, That all Fences for the future shall be made five Foot and a Half high, with a Trench at the Bottome of one Foot and a Half deep, and three Foot broad; or else Fence of six Foot high in the Perpendicular where a Trench cannot be made; and that all Trenches (in such Part of the Island where they are used instead of a Fence) are for the future to be six Foot broad in the Top, and three Foot deep, any former Law or Statute made to the contrary notwithstanding.-(Signed.)Edw. Christian Deemster, Thos. Norris, Deemster.Roger Kenyon, J. Rowe, P. Heywood.- The 24 Keyes.. -Charles Christian. Richard Stevenson, Arthur Calcot, Robert Murrey, Thomas Huddleston, John Garrett, Thurston Tyldesley, Thos. Woods, Sil. Ratcliffe, Pat. Christian, Nich. Thompson, Thos. Christian, John Bridson, Nich. Christian, John Wattleworth, John Kaighin, John Curlet, Tho. Stevenson, Wm. Christian, John. Mylrea, Pat. Gelling, Cha, Moore, John Quilliam, John Moor.

Be it enacted as it is desired.



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