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which side thereof the fence shall be erected and main-
tained, or whether partly on one side and partly on the
other, and what part each shall make and maintain, and
deliver their determination, in writing, to the parties;
and if either shall refuse to make and maintain his part of
the fence, the other may proceed, as is prescribed in the
fifth section of this act.
sect. 8. And the select-men, or fence-viewers, for an
service performed in virtue of this act, shall be allowed
one dollar per day, and, at that rate, for a longer or short-
er time.
sect. 9. The proprietors of land in any field that now
is, or may be, established and used as a common field,
may meet, by themselves or agents, annually, on the first
Monday in March, or on such other day as they shall ap-
point, at the usual place of holding town-meetings, in the
town where the common field is, or at such other place
as they shall appoint, and shall have power, by a major
vote, to be computed according to their interest, to adopt
regulations with respect to the fencing and occupying
such common field, and to do every thing necessary for
the good management of the same. And they shall have
power to choose a moderator and clerk, which clerk shall
enter all the acts and votes of the said proprietors, relat-
ing to the management of their common fields, and shall
be sworn to a faithful discharge of his office, and shall
continue in office until another is chosen and sworn in his
room ; whose fees shall be the same as town-clerk’s for
the like service.
sect. 10. And they shall choose a committee, to take
care of and manage the affairs of the common field, and
fence-viewers, and haywards, who shall be sworn to a
faithful discharge of the duties of their office: and if any
person, so chosen, shall refuse to serve, he shall incur the
same penalty, to be levied in the same manner, as in the
case of refusing to serve in town-offices.
sect. 11. The committee appointed for any common
field, may call a meeting of the proprietors, when they
shall judge it necessary, either by giving warning to such
of them as live in the town where such field is, and to the
agents of non-resident proprietors, if there be any in the
same town, at least three days before such meeting, or by
warning the said proprietors, in such other manner as
in their lawful meetings they shall agree.
sect. 12. And the proprietors, at a lawful meeting,
shall have power to lay taxes upon themselves, ac-
cording to their interest in the common field, to defray
the expences that may arise in setting out or altering the
fence, in making gates and bridges for the field; and for

Fees of fenceviewers,

Power of proprietors of common fields,

Clerk.

Committeeand fence-viewers.

Meetings, how warned.

Proprietors may lay taxes

Adjoining towns may Join in common field.

County courts may altercommon fields.

Committee may set to each his proportion of fence.

any other common charge, which they shall judge neces.
sary; and may appoint collectors to collect the taxes;
who shall have the same authority as collectors of town
taxes, and be under the same penalties, for refusal to ac-
cept, and execute the office. And it shall be the duty of
the committee to make the rate-bills, and procure war-
rants, signed by a justice of the peace, authorising their
collection.
sect. 13. When a number of proprietors of lands in
one town, or in several towns, have their lands adjoin-
ing, and so situated that it may be convenient and bene-
ficial for them to occupy them as a common field, if two
thirds of such proprietors, counting their votes according
to their interest, shall agree to occupy such land as a
common interest, they may apply to the county court, in
the county where the lands lie, and represent to them the
circumstances thereof, due notice having been given to
the other proprietors to appear at said court, to make ob-
jections, if any they have, against occupying such lands
as a common field. And on obtaining the allowance and
approbation of such court, said proprietors are empow-
ered to farm and occupy the said lands as a common
field, with all the powers and privileges of those which
are already established : and where the lands lie in seve-
ral towns, they shall hold their meetings at the usual
lace of town-meetings, in the town where the greater
part of the land lies, or at such other place as they shall
appoint. - -
sect. 14. The county court shall have power, on the
petition of one or more of the proprietors of a common
field, to limit, extend, or alter the bounds of the same,
in such manner as they shall think will best conduce to
the interest of the proprietors: and notice of the penden-
cy of such petition shall be given to one or more of the
committee, and an attested copy left with the clerk of the
proprietors, at least twelve days before the hearing of
the same : and the cost, incurred by such application,
shall be taxed by the court, and paid by the petitioners. .
sect. 15. The committee of the field, or a committee
appointed for that purpose, shall set out to each propri-
etor, his proportion of the fence, and the place where it is
to be made ; who shall make and maintain it, and shall
observe the orders of the proprietors for the occupation
of the common field. And each proprietor, in order to
make or repair his part of the fence, may pass over the
land of any person, in the common field, when necessary;
and where the line of a common field bounds upon a par-
ticular inclosure, one half of the fence shall be made by

the proprietors of the common field, and the other half

by the owner of the particular inclosure. And such proprietors shall not, by laying open their field or inclosure, excuse themselves from making and maintaining their divisional fence, without liberty first had from the county court. And where the common line of fence runs across a particular inclosure, and divides it, the committee, in proportioning the fence, shall consider the advantage or disadvantage that this may be to the owner of the particular inclosure. And all such fences, set out to the owners of particular inclosures as aforesaid, shall be inspect#. and repaired, as part of the fence of the common eld. sect. 16. When a common line of fence has been, or shall be, established, it shall not be altered, excepting by a major vote of the proprietors, computed according to their interest; and when they agree to alter such fence, the committee, to effect it, shall cause their doings to be entered with the clerk of the field. sect. 17. Where any person shall purchase lands in a common field, the committee shall have power to set out to such purchaser his proportion of the fence, at the request and charge of the grantor, and shall cause an entry thereof to be made with the clerk of the field; and until that is done, the grantor shall maintain such fence. And if any proprietor in a common field dies, and his heirs or devisees refuse to maintain the fence, the committee shall proportion the fence to such heirs or devisees, in the list of fence, and they shall be bound to maintain it. sEct. 18. And the owners of fence, in the line of common fence, shall set and keep up stakes, with the two first letters of their names on them, to distinguish their part of the common fence; and every person neglecting to do it more than two days, after warning given him, by either of the fence-viewers of that field, shall forfeit twenty-five cents, to the use of the proprietors of the common field. sect. 19. Common fields shall be fenced in the same manner as is required in the case of particular inclosures: and it shall be the duty of the fence-viewers to inspect the fence of common fields, and take care that it is kept in sufficient repair; and if they find it to be insufficient and defective, in any part, they shall forthwith give notice to the owner, or the person who ought to maintain it; and if he shall not, within five days after notice, erect such fence, or put the same in sufficient repair, they shall forthwith make, or repair the same ; and the owner, or person who ought to maintain such fence, shall pay double cost and charges to the fence-viewers: and if he neglect to pay it for ten days, after an account is presented, and

Line not to be altered, but by major vote.

Committee
to set out pro-
portion to a
purchaser.

How parts of fence are to be distinguished.

How common fields are to be fenced.

How damage done by beasts shall be paid.

Non-residents shall certify name of agents to the clerk.

On failure of non-resident proprietors, fence-viewers shall repair fence.

demand made, the fence-viewers shall have a right to recover it, in an action on the case, brought before a court proper to try the same : Provided, that such person, within ten days after the account is presented, and the demand made, may apply to two select-men, or fence-viewers, of the town, not interested in the controversy, who shall appraise and estimate the expence of making or repairing such fence; and if such person shall not, forthwith, pay double the appraisement, the fence-viewers, who made or repaired such fence, shall have right to recover it, in an action on the case.

sect. 20. No person shall feed or bait any creatures on his neighbour's land, in a common field, without his consent, from the tenth day of April, to the tenth day of October, in each year; unless such field, by the agreement of the proprietors, shall be sooner opened for feeding: and all creatures found so feeding shall be liable to be impounded, by the hayward of the field, or the owner of the land.

sect. 21. All damage done by cattle, horses, sheep or swine, when the fence is sufficient, shall be paid by the owners of them ; but if the fence is defective, then by the owners of the fence : but where the fence is defective, the owners of the cattle shall pay the poundage, before they are released from pound, and shall recover the same of the owner of the defective fence.

sect. 22. Non-resident proprietors of a common field shall certify to the clerk, under their hands, their agents appointed to act in the concerns of the common . and such agents shall certify their acceptance to the clerk, and shall become bound to do all the duties, and obey the orders, of the proprietors, in the same manner as resident proprietors are. And if such non-resident proprietors shall neglect to constitute their agents, and certify as aforesaid, then the fence-viewers, if they find any part of their fence to be insufficient, shall notify the clerk of said field, of such insufficiency, under their hands, which shall be deemed legal warning to such non-resident proprietors to mend and repair their fence; and on their failure, the fence-viewers shall proceed, in the same manner, to repair such fence, and shall have the same recompence and remedy as in case of the neglect or default of resident proprietors. Provided, that where the fence-viewers repair the fence of a non-resident proprietor, an account of the expence shall be presented to. and demand made of the clerk of the common field, who shall make an entry thereof; which shall be deemed as effectual. as if presented to, and demand made of, such nonresident proprietors.

sect. 23. The proprietors of any common field, in Proprietors lawful meeting, by a major vote, computed according to . establish interest, may establish the fee to be paid by the owner of o or poundany horse, cattle or sheep, impounded from the common field: provided, that it shall not be more than fifty cents per head for horses and neat-cattle, and five cents, five mills, per head, for 'sheep.

sect. 24. When adjoining proprietors of land, in a particular common field, shall fence and occupy any particular fields inacom. fields or inclosures, in severalty, within such common mon field, how field, such particular inclosures shall be under the same * regulations, as to fencing, and in all other respects, as paricular inclosures, not within a common field, are, by this act. Provided, that the proprietors of common fields may, at a legal meeting, make any special regulations that they may think proper, respecting the fencing of particular fields and inclosures within such common fields.

TITLE 34. Ferries.
An Act relating to Ferries.

----- B'. it enacted by the Senate and House of RepSECT. 1. - resentatives, in General Assembly convened, That it shall be the duty of every town, except otherwise o: o: provided in this act, within whose limits, a ferry is now o ferestablished and used, or in which a ferry may be hereafter ries. established and used, to keep the same in good order, and see that it be furnished with all things necessary for the complete and safe enjoyment thereof, by the public, in the manner hereinafter provided ; and when any ferry is established and used, or hereafter shall be established and used, across any stream or body of water, that is the division line between any two towns, it shall be the duty of those towns, between which the ferry is, or may be, to see that the same be kept and furnished as aforesaid, at the equal expense of those towns, unless it shall be otherwise agreed between them. Provided nevertheless, Provise. that, where in any particular case, any person, persons or corporation, are or shall be liable by law, contract or otherwise, to keep and maintain any particular ferry, in any town, or between any two towns, such town or towns, shall be enabled to enforce such liability, against such person, persons or corporation, and obtain from them, an indemnity for all costs and charges they may be subjected to, by force of this act. sect. 2. Every ferry shall be furnished and provided Ferrie, to be with a good tight boat or boats, and scow, if necessary, furnished with of sufficient number, dimensions, strength and steadiness, **

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