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agricultural legislation.
15»
exercised by a police officer and two jurats (nämndemän). On Crown farms, an
inspection should be held every third year; on tax-land (see above), "when neglect
or faulty building thereon was noticed" (till February 21, 1789). Everything
should then be investigated; the buildings, within and without, fences and
ditches, homefarm and forests — and what was then found wanting should b&
made good, and, possibly, even a fine be paid for it.
The agricultural legislation which has been enacted since 1734, and which
ought to be considered in connection with this subject, is scanty enough. It is,,
in fact, contained almost entirely in the Royal Decrees of December 21, 1857,
concerning the duty of fencing property, and of June 20, 1879, concerning draining
etc. In the decree concerning fencing, the principle was laid down that everyone
is bound to see that his cattle do no damage. The principle in regard to the
duty of fencing also requires that, when fencing is to be done between the
lands of two neighbours, the two shall share the expense, etc. equally. Only
those, however, have a right, with inconsiderable exceptions, to insist on their
neighbours’ participation in fencing, whose forests or outfield land adjoin infield
land, or whose land adjoins land of similar character. The fence which is thus
put up shall be kept in the condition in which it is first constructed, and shall,
in general, be kept in the condition required by law, from May 15 till
frost-has entered into the soil.
Conditions with regard to draining and the possibilities of reclaiming boggy
land, have received a more modern form of expression by the ordinance of 1879.
In the Code of 1734 it was merely prescribed that the villagers should, each
according to his share in the village, keep his ditches in order; and that each
one should, if necessary for his field, dig 40 fathoms of ditches or clear out
80 fathoms of old ditches. It was also prescribed that, if the ditches of one
village met those of another, each village should dig through its own ground,
and that, if anyone in digging ditches through his ground or meadow-land came
to the meadow-land, pasture-land, or other outfield land of an other village, the
said village might not prevent the outflow of the water. If a ditch happened
to be necessary to furnish an outlet, and if the neighbours could not agree
as-to who should keep this ditch in order, the judge was to decide the question
according to what seemed best or necessary. In the ordinance of 1879, a new
principle was introduced, viz., that if any one for the cultivation and drainage
of his land wishes to carry a ditch to a depth of 4 feet, he is not to be hindered
from doing so by the owners of land lying lower down. On the contrary, the
owners of land which is benefited by this drainage shall, in proportion to the
benefit derived, share in the cost of the draining, including compensation for
the ground which is used in digging the ditch, for trespass, etc. It is also
prescribed that a ditch shall not be prevented from running out into a
neighbour’s already existing ditch, but that the cost of the possible alteration of
the-latter, necessitated by the new influx, and that of keeping the ditch in order,
shall be met in the same way as prescribed for the construction of a new
ditch.
Much the same principles and prescriptions hold good in the question of
lowering the level of a lake or of tapping a lake; but public consent, given
through the Governor of the Län, is required in this case. Anyone, however,
who, in such a matter of draining a piece of water, is not himself a
petitionerand does not concur in the petition, can be exempted from sharing in the cost
of the undertaking if, within a year after its execution, he renounces before
the Governor the benefit accruing therefrom. The expense incurred on account
of his land shall be met by cutting off from his share of the improved land as.
much as corresponds to the value of the improvement to him, and adding it to
that of the sharers in the enterprise.
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