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which side thereof the fence shall be erected and maintained, 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 any Fees of fenceservice performed in virtue of this act, shall be allowed viewers. 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 Power of prois, or may be, established and used as a common field, prietors of may meet, by themselves or agents, annually, on the first common fields. Monday in March, or on such other day as they shall appoint, 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, relating 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.

Clerk.

SECT. 10. And they shall choose a committee, to take Committee and care of and manage the affairs of the common field, and fence-viewers. 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 Meetings, how field, may call a meeting of the proprietors, when they warned. 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, Proprietors shall have power to lay taxes upon themselves, ac- may lay taxes 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

Adjoining towns may join in common field.

County courts may alter com

mon fields.

Committee may set to each his proportion of fence.

any other common charge, which they shall judge necessary; 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 accept, and execute the office. And it shall be the duty of the committee to make the rate-bills, and procure warrants, 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 ad oining, and so situated that it may be convenient and beneficial 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 objections, 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 empowered 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 several towns, they shall hold their meetings at the usual place 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 pendency 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 proprietor, 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 particular 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 inspected and repaired, as part of the fence of the common field.

SECT. 16. When a common line of fence has been, or Line not to be shall be, established, it shall not be altered, excepting by altered, but by a major vote of the proprietors, computed according to major vote. 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.

re

portion to a purchaser.

SECT. 17. Where any person shall purchase lands in a Committee common field, the committee shall have power to set out to set out proto such purchaser his proportion of the fence, at the quest 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 com- How parts of mon fence, shall set and keep up stakes, with the two fence are to be first letters of their names on them, to distinguish their distinguished. 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.

fenced.

SECT. 19. Common fields shall be fenced in the same How common manner as is required in the case of particular inclosures: fields are to be 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

How damage done by beasts shall be paid.

Non-residents shall certify

name of agents to the clerk.

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 field: 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 proOn failure of prietors 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.

non-resident

proprietors, fence-viewers shall repair fence.

fees for pound

age.

SECT. 23. The proprietors of any common field, in Proprietors lawful meeting, by a major vote, computed according to may establish interest, may establish the fee to be paid by the owner of any 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 in a comfields 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.

SECT. 1.

TITLE 34. Ferries.

An Act relating to Ferries.

E it enacted by the Senate and House of Representatives, in General Assembly convened, Towns liable That it shall be the duty of every town, except otherwise to keep and provided in this act, within whose limits, a ferry is now maintain 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 Ferries to be with a good tight boat or boats, and scow, if necessary, furnished with of sufficient number, dimensions, strength and steadiness, boats, &c.

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