Page:The New International Encyclopædia 1st ed. v. 07.djvu/575

* FENCE, FENCING. 523 FENCING. to the public' lands of the Federal Gover ent. In all of the States, and in England, the common- law doctrine has been modified by statute. It is impossible here to describe this legislation in de- tail, bul ils characteristic features arc these: First, it imposes upon adjoining landowners the duty of contributing equally toward the erec linn and maintenance <<i division fences between the improved or cultivated portions of their lands. Second, these fences are to be 30 built that the line between the two estates shall pa--. through the middle. At common law. the owner, who was bound to maintain a division fence, was obliged to construct it wholly upon his premises. Third, what constitutes a lawful fence is gen erally fixed by I he terms of the statute, or is left fur definition to local authorities. In England barbed-wire fences along highways arc prohibit- ed; but in this country their use is per- mitted. Fourth, division fences are intended, under modern legislation, as a protection against cattle rigid fully on adjoining land, and only against those. In some cases, however, the stat- utory duty to fence is an absolute one. Such, as a rule, is the duty of railroad companies. Until they erect, and unless they maintain the statutory fences, they are liable to all damages inflicted by their engines and cars upon cattle straying upon their tracks. They may even be liable to passengers and employees who are in- jured in collisions with trespassing cattle. The private property-owner, however, owes a duty of fencing only to his immediate neighbor. If his fence conforms to statutory requirements, he is not liable to his adjoining neighbor for the tres- passes of his cattle upon the latter's land, unless they are unruly beasts. On the other hand, lie cannot recover for the trespasses of his neigh- bor's cattle if his own fences are defective. A fence is a part of the land. This is true even of a rail fence, although no stakes are set into the ground. The same doctrine has been applied to fencing materials which are temporarily de- tached from the soil when there was no intention of diverting I hem from their original use. They arc real estate, not chattels. See Hunt, Law of Boundaries and Fences (London, 1896) ; Thomp- son. Law of the Farm (San Francisco, 1806) ; id., Law of Boundaries and Fences (Albany, 1874); Thornton, Railroad Fences, and Private Crossings (Indianapolis, 1892). FENCE-LIZARD. A small, active, and harm- less iguanid lizard (Sceloporus undulatus), com- mon throughout all the warmer parts of the Lnited States and Mexico. It is exceedingly variable in color, but. Eastern specimens are usually brown-green above and whitish below, with an indistinct stripe on each side, above which is a double series of narrow undulating V's. pointing forward. The males have a black mark diverging from the chin to each shoulder, and other blue and black patches and marks on the under surface which are lacking in the females. Texas and Sonoran examples form the paler variety consobrinus, and a Rocky Moun- tain variety (tristichus) is distinguished by its green color and eight cross bands. This little animal is exceedingly active, run- ning swiftly, dodging about tree-trunks with incredible agility, and hiding beneath loose bark, etc.. for repose and safety. It. climbs trees to some extent, but keeps mainly near the ground, darting along fences and prostrate loss in pursuit Vol. VII. — 31. of insects or in feat oi ha a a I similar enemies. De Kay stales that it. bas some power Oi changing it Colors, and that when irritated it elevates iis spinous cale and bristles into a formidable appearance; it is, however, entirely harmless, ami makes an amusing pet. It multi- plies by eggs laid in dry earth, probably in little CTOlips, in early summer. "The eggs are h.ng and narrow, ar ivered with a tough eoad . . and are aband id to their fate, bul when thw young nrc batched i law are treated with the utmost yeni lenessby all the adults." For systematic facts, consult Cope, Crocodilians, /,< irds, and Snakes (Washington, 1900); for breeding habits, Hay, Batrachians and Reptiles of Indiana 1 Indianapolis. 1893); also populai accounts in the books of De Kay. Abbott, Sharp, and similar w riters. FEN'CHTJRCH, The Cripple of. The con, ageous cripple in Heywood's comedy The 1 wi Maid of the Exchange. Tin' heroine is in love with him, but he resigns her to a younger and handsomer lover. FENCIBLE. A term formerly applied to bod- ies of militia, yeomanry, or volunteers in Great Britain. They were enlisted entirely for local defense. The name is now practically obsolete except as a designation of a few historic corps. FENCING. Specifically, the art of attack and defense with sword or rapier, but frequently employed so as to include the use of such weapons as foils, singlesticks, broadsword, quarter-staff, bayonet, lance, etc. It has also been well defined as the philosophy of gymnastics. There is not. much evidence to justify the assumption that fencing as an art was practiced before the ad- vent of the rapier in the sixteenth century, al- though it has been conceded that some crude tem of fence must have been necessary for the proper play of the hdche d'armes or poleaxe, a FlG. 1. FENCING POSITION WITH TWO-HANDED SWORD. weapon about five feet in length, and used with both hands. The knight depended as a rule on 1 he strength and temper of his armor for defense. and on the force and accurate thrust of his lance for attack: but the employment of a shield to ward oil' attack', by sword or other weapon, sug-