Nova Scotia politicians debate scrapping roaming livestock act

Nova Scotia's first lawmakers were sticklers for orderly behaviour, in both humans and animals.

In fact, one of thefirst actsoftheNova Scotia House of Assembly in 1758was to pass an order preventing unruly behaviour by free-roaming livestock.

Thelaw,needed to "prevent damages being done to the proprietorsof enclosed lands by unruly cattle," dates back to when George II was on the throne. In the mid-1800s, theFences and Impounding of Animals Act was passed.

On Thursday, provincial politicians are debatingscrapping the act, part of regular legislative housekeeping meant to repeal and update outdated laws.

Not just any fence

TheFences and Impounding of Animals Act, full of painstaking detail of what was required to enclose pastures,is also a peek into the lives and needs ofNova Scotia residents in the 1800s.

"All fences of enclosed lands shall be built of stones, pickets, boards, logs, poles, brush, posts and rails, or posts and wire, barbed or plain, unless the lands are bounded by unfordable ponds, rivers or the sea or surrounded by sufficient hedges," the act says.

These enclosures wereto keep "horses, asses, mules, cattle, sheep, goats and swine" from roaming free or wandering onto a neighbour's property and doing damage.

The law even set outminimum height requirements.

Stiff penalties

And woe to those who neglected those enclosures.

"Every proprietor who so refuses or neglects to build or maintain his proportion of such fencing shall pay double the expenses of making or repairing such fence to be recovered by the fence viewer, with costs."

A fence viewer was a town or city officialresponsible for enforcingfence laws within a municipality.

The act also outlinedpenalties for the owners of animals who allowed them to escape.

Stealing back impounded animals

Animals found roaming free could be impounded and the owners liable for the cost of their care.

"Twenty cents for every horse, ass or mule or head of cattle and ten cents for every sheep, goat or swine, for each day the same has been impounded."

Politicians of the day even envisioned the possibility an owner might try to steal back an impounded animal and set a stiff fine for any rescue attempt.

"Every person who rescues any animals from the person driving them to the pound shall be liable to a penalty of four dollars, above all damages caused by such animals."

While the law is on the books, its provisions haven't been enforced in decades.