28 Ga. 239 | Ga. | 1859
By the Court.
delivering the opinion.
The act of 1759, (Cobb, 18,) for better regulating fences in the province of Georgia, and which remains in full force to this date, is too plain and imperative to admit of doubt or tolerate evasion. The fence therein .required to be erected, appliesAo lt any garden, orchard, rice ground, indigo field, plantation or settlement;” and there is no exception in favor of river-bottom lands or any other. We dare not make any.
The act further provides that if any damage shall be committed by stock on grounds not thus enclosed, the owner shall not be liable therefor; and onfthe other hand, if any person shall kill, maim, hurt or destroy, any stock breaking into grounds not fenced as the law prescribes, or cause' the same to be done, the person so offending shall answer and make good the injuries to the owner.
Judgment affirmed.