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which side thereof the fence shall be erected and main-
Fees of fenceviewers,
Power of proprietors of common fields,
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.
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.
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.
----- 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, **