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Fence : And the Party complaining shall pay the Fence-Viewers for repairing said Fence double the said Appraisement : And in case of Refusal, of Negleit forthwith to do the same, it shall be levied by Distress and Sale of the Offender's Goods ; or for want of Goods, by extent of his Lands, by Warrant, as aforesaid.

And if at any time the Fence-Viewers of any Common Field shall find the common Fence of such Field defective so much that they are not able to repair

Fence view the same, or to hire Help fufficient to repair the same, so as that such Common fence much Field may be timelý fecured, and do make Complaint thereof io the next defective, to Afbftant, or Justice of the Peace, such Alttant or Juftice is hereby fully im- make powered to issue forih à Warrant to the Constable of that Town; or to the said plaint, to an

affiftant, or Fence Viewers, to impress Men and Teams fufficient to repair fuch defective

justice, &c. Fence; who shall be paid by such Fence-Viewers for their Labour, as they can agree, or as shall be determined by fuch Albftant, or Justice of the Peace.

It is also further enacted, That no Perlon Mall feed, or bait any Cattle, or Cattle not Creatures upon liis Neighbours Land in any Common Field without his Leave, be baited, or Consent, from the tenth Day of April to the tenth Day of October, Yearly ; without unless such Field by the Agreement, and Order of the Proprietors thereof mall leave, unless be sooner opened for feeding. And all Cattle, n: Creatures being found bait- the field be

open. ing, or feeding as aforesaid, within the Time aforesaid, shall be liable to be impounded by the Haywards of the Field, or Owner of such Land. And all Damages that shall be done in any Common Field, or particular

Damage done Inclosure by Catte; Horses, Sheep, or Swine; when the Fence is tuficient, hy cattle, &c. shall be paid by the Owners of such Creatures, but if the Fence be defective, paid by their the Poundage Mall be paid by the Owners of such Creatures, before they shall owners. be releated out of Pound; and the same shall by him be again recovered of that Person whole Fence is found defective ; Provided it shall appear that such Createres entered said Field through such defective Fence. And all Damages that shall be fuftained through the Deficiency of Fence, Mall be paid or borne by the Ownet of such Fencé.

And to prevent Dificulties that may arise through the Deficiency of Fence belonging to Proprietors in common Fields, wbo are non-resident in the Town where Jucb Fields are.

It is further enated by the Authority aforesaid, That fuchi non-resident Proprietors of any Common Field, fall annually certify to the Clerk of faid Non-refCommon Field, under his or their Hands whom he or they have appointed and dents to cer. impowered to be his, or their Agent or Agents to act in his or their behalf, in tify to the all Affairs respecting his or their interest therein : Which Agent of Agents they have apThall certify to raid Clerk, his or their Acceptance of said Trust; fhall become obliged to do all the Duties, and attend the Orders of the Pro- agent. prietors as fully as the refident Proprietos: by law ale.

And if such non-resident Proprietors shall neglect or refuse to constitute their Agents, and certify, as aforesaid, the Fence- Viewers of the said Field, upon on their re. View of the common Fence thereof, and finding any part of such non-refident fufal, the Proprietor's Fence insufficient, shall notify the Clerk of faid Field of the said fence viewInsufficiency under their Hands; which Notification shall be deemed legal ers to, &c. Warning to the aforesaid non-sesident Proprietors, to take care to mend, and keep in Repair such Fence : Andon faiiare thereof, the Fence-Viewers are directed, and impowered to take the fame Method, and shall have the same Recompence ; to be recovered in the same Manner as is above provided in case of refident Proprietors Neglect, or Default.

Always provided, That if at any Time the Fence-Viewers shall repair any non-resident Proprietor’s Fence, an Account of the Coit thereof shall be rendered to, and a Demand shall be made of such Clerk, (who Mall make Entry Proviso.

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thereof) which shall be deemed as effectual as if presented to, and made of such non-relident Proprietor, or Proprietors.

And u hereas Damage is often done in Commen, Fields by those who incloe Lands witbinuci Fields, through the injiciency of their Fences.

Therefore, Particular Be it furiber enacted by the autbority afarefaid, That such Inclosure shall be inclosures in sufficiently fenced for the securing of Beasts that shall be put into them for Pale

ture. To be viewed, and judged by some of the Fence-Viewers in the Town fields to he fufficiently where such Field is, who are not Parties, or interested in the case.

And if any fenced. Person Tali put a:y llorses, Cattle, Sheep, or Swine to Pasture in any such

particular Incofire, which in the Judgment of the said Fence-Viewers is not sufficiently fenced for securing of the Creatures fo put to Pasture, all such Creaiures shall be as liable to be impounded as if they were loose in the open Field. Arditfuch Creatures thall break out of fuch Inclosure, and be found Dapage-tealant lo the Common Field, the Owner of them ihail pay Coft of Pourdage, and Damages as the Law in any case provides.

Be it further enacted by the Authority aforesaid, 'That the Proprietors of any common Field may, by their major Vote, computed as aforesaid, agree on

the fee to be paid by the owner of any Horse, Horse-Kind, neat Cacile, or To agree on Sheep inpounded out of fuch Common Field, and the Sun thus agreed on and the fees to he

voted in any lawful Meeting,'hall be the lawful Fee,to be paid by the owner of paid for impounded

such impounded Creature. Hiways provided, it be not more than three Shil. crtatures. lings for each Horse. Horse-Kind, and neat Cattle, and for all Sheep four Pence

And for preventing Disputes about fencing particular Inclosures, and rendering

the Impecvenent of i bem profitable to the Owners, All theioba

Be it further enacted by the Autbority aforejaid, That all the Inhabitants in Biun:s in

this state, shall make and maintain fufficient Fence, or Fences (agreeable to this state, to make and

the Direction in this Ad before given respecting what shall be deemed suffici.. maintain ent Fince) to lecure their particular Fields, or inclosures. fuiticient And whatsoever Creatures shall be found Damage-feasant in such Inclosures fence, fenced as aforesaid, shall be liable to be impounded by the owner of such Inclo

sure, or his Order : And the Owner of such Creature shall pay the Poundage
and Damage. But whatsoever Damage shall be done by any Beast through the
Inluficiency of the Fence of inch Inclosure, shall not be recoverable, unless the

Damage be done by Sivine or Horses, suffered to go at large on the Common;
Creatures
found da.

or by unruly Cattle, which will not be restrained by ordinary Pences; or unless nuage fcasant where any person thall put his Cattle into, or otherwise voluntarily trespass uptu be im. 09 his Neighbour's Ground: In all which cases, if the Party damnified find the

Beaits doing Damage in his Inciosure, he may impound them and recover
Poundage and Damage ; al hough his Fence be not fufficient according to Law.

And whenfcever any Fence-Viewers, on occasion of any Caule or other

Creatures feing impounded as Damage-feasant, shall be called to pass their
Fence view. Judgment on the France inclosing the Land from whence such Creatures were
erst he cale impoun:'re', that althou, h said Fence be found in some places not fully answers
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able to the law, yer if they judge the Fence of such Inclosure to be as effectual;
arginit the Creaipres impounded as a five-rail Fence or stone-wall, four feet
high, wellerečied would be ; or if it be made to appear to the said Fence.
Vipur, that she Creatures did not enter the enclosed Lands at the deficient
Place : biet over some place which was sufficient, as aforesaid, then the said
Fine Viewera ball declare the Fence to be sufficient, any thing in this Act
before contained to the contrary notwithttanding,

anv Permon hall fence any particular Field; or Inclosure, in
setting i Puits and Rails, Boards, or Hedge-Fence, there shall be liberty

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for either Party, of twelve Inches from the dividend bine, to break the Ground to let the Pofts and Stakes in : But the Poits and Stakes shall be fet in the dividend Line.

And for the making Stone-wall or other Fence, there shall be liberty of Stone-wall either Party bordering on each other, to fet une Half of the width of such to be made Stone-wall or other Fence, on each side of the dividend Line, provided it ex- one half on

his neighceed not one Foot and a Half from laid Line on the neighbours Land.

bours land. And there shall be a Liberty of four Feet allowed for a Ditch, from the divi. dend Line, (except in fencing House or home Lots, for either of the bordering

4 feet in ml Parties) where the proportion of Fence belongs to them rei pectively provided iig ditches the Party making the Dich lay the Bank thereof upon his own Land. And that when any Perfon, thall fence in,and improve any particular adjoin

Dividend ing Fields ar Inclosures in several, they shall make and maintain the dividend fence hiper Fence equally between then ; that is to say, one of them the one Ilalf, and the maintained. other the other Haif thereof,

And if one Perioo ihall improve before his Neighbour, and so make, the whole of the Fence, and afterwards the adjoining Neighbour or Proprietor In case one Shall improve the adjoining Land by particular Inclosure, he shall purchale one person inako Half of the dividend Fence, and maintain the same : And if the Parties do not the whole agree io dividing or apprizing the said dividend Fence, it shall be in the Pow- fence before

his neigher of the Person aggrieved, to call ihe Select-meo of the Town or major part of

bour inclore them, who shall divide and set outeach and every person or Persons, his their Part of the said dividing Fence, in equal Proportion ; and shall fet a laid peifon?. Price upon the fence so set out to the Perlon or Pertons laft improving in sever- fall be real ; to be paid to the l’erion or Perions who erected the fame : An Account imburied. whereof under the Select-men's. Tiand; shall be a sufficient Evidence for the Perion os Persons wno erected said Fence, to recover said Price so let, of the Person or Perlons lait improving, as aforesaid.

The like Method may be taken in dividing any divider.d Line of Fence, be- The like tween adjoining Proprietors of particular Inclosures, on the motion of either m thod to Party, wileie ic thall so happen that the other Party refuses to divide the fame : be taken in Ja dividing of which the Select men hall have regard to the better part of laid, Fence, (if any such chere be) and set the lame to him who erected the lime, or holds under him who erected it; and the Charge thereof Thail be paid by 'him who wilfully refused to make such division: For the recovery of which the Account thereof under the Select-men's Hands shall be a sufficient Evidence, as aforelaid. And all divisions of such Fence made as aforesaid, and recorded in the Town

Division of Records of the fame Town in which it is made, thall be as effectual in Law, as fence being though the janne was made in Writing under the Hands of the Parties con- recorded, cerned.

And ifany Person or Persons who ought to maintain any dividend Fence, fall neglect or refuse to keep in fufficient repair according to Law, all such Fence or Fences, set out as aforesaid ; or divide according to the Agreement of the Parties concerned therein, appearing by Writing under their hands, or

Persons other fufficient Evidence to thew the same, the Perion aggrieved fall have lic

neglecting berty and power, at his own Colt, to call the Fence-Viewers in the Town to to keep divie view the fame: Who if they find the same insufficient, or wanting, shall take dend tence the same method in order to get the same erected or repaired : And they, or

in iepair. the Person aggrieved, Mhall have the same allowance for erecting or repairing the same, if they, or either of them erect or repair it; and to be recovered in the same manner, with Cost of viewing the same, as is before provided in this Ax in cale of oeglect to repair Fence in the Line of Common Field Pence. Always provided, That if the Person aggrieved repair faid insufficient Fence,

Provilo, che Value of fuch Reparation shall be apprised by the Fence Viewers,

other tences.

&C.

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And if any Person fhall afterwards lay open his Field or Inclosure, (which Persons löy- none shall do without three Months warning, on penalty of paying the Daining open ages that his Neighbour shall fustain thereby) the other Party ihall

have liberty their fields, to buy the divided Fence, paying the then present Value thereof: To be set

by two Men, to be chosen by either Party one ; or in cale of Non-agreement therein, by the Selectien, or major part of them. .

to take care

An Act for regulating ferries,
E it enakled by the Governor, Council and Representatives, in General Court

afenbied, and by the Authority of the fame, That every person or Town Ferry men to be provid

that hach, or that hereafter shall have a Ferry or the Privilege of a Ferry ; ed with fuf. or Right of carrying Passengers, Teams, Horses or other Creatures, over any tcient boats, River, Creek, or other Place of Water in this State, shail at all Times be prooars, &c. vided with a good tight Boat ; fufficient both for Largeness, Strength, and

Steadiness for the fate Transportation of Passengers and their Horses, and other Creatures : Well furnished with suitable Oars, and other Implements. necessary for that Service, and Men sufficient to manage the fame.

And none shall be employed as Ferry-men but such as are of approved DilTo be of apcretion; Irong, and able-bodied'; well killed in rowing, and managing faid cretion.

Service.

And the Select-men of the Town where such Passage is, or such Privilege is Select men

granied, are hereby required and in powered to take effectual Care that this in this affair. Order, in ail the parts of it, be duly attended by all the Owners of Ferries.

That ever keeper of a Ferry shall have the fole Liberty of the Transportation Ferry-men to have the

of Passengers and their Horses, from the Place where such Ferry is granted, to rcle liberty

any other Ferry-Place, or usual Place of Landing. And no Ferry-man that shall of traníp to land Pariengers at any other Ferry-Place, may take Passengers from thence, ing travel. if the Ferry-Boat of that Piace, be ready. lors.

Provided, this Order shall not hinder any Persons that use, or have occasion

to pass in their own or their Neighbours Boats or Canoes, to their own Business Provifo. and Labour froin paffing accordingly.

And for the speedy Transportation af Paffengers.
Every Ferry-man employed in the respective Ferry-Boats in this State,

shall give confant and diligent Attendance on that Business from Sun-rise unHours of at.

til nine of the Clock at Night, from the first of April to the first of O&ober ; tendance. and until eight of the Clock at Night from the firit of October to the first of

April annually: And shall not deny or delay the speedy carrying over of any Passenger or Paffengers according to the true intent and meaning hereof, on pain that every such Ferry-man upon conviction before any one Assistant or Justice of the Peace, of the negle&t of his Duty, in not crossing faid Ferries within the Time limited as aforesaid, shall forfeit and pay the Sumat ten Shillings: One Half to the Informer or Complainant, who fhall prosecute the fame, and the other Half to the Treasurer of the Town where such Ferry is

kept. Ferry-men

Which Offenders may be restrained till they pay sai? Sum, and Costs of being profe- Prosecution : Which Prosecution and Convi&tion may be forthwith had, as in be restrain

Cases of Delinquency. ed, &c. Provided nevertheless, That no Ferry-man shall be obliged to put off from

their respective Shores or Wharves, and pass the faid Ferries when it manifestly Proviíc. appears to be hazardous for them so to do,, by reason of any Storm, Tempeft

or Ice. Owners of That all the Owners of Ferries shall keep and maintain good Wharves, or

Places of Landing, where they are wanted," opon Penalty of forfeiting such i cp goo1

Sum as the County Court of that County in which such Wharf shall be wharves

Wanted, upon Complaint to them made, hall determine to be futhieng

cured may

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to make, or repair such Wharf, or convenient Landing : Which Porfeiture hall be for that use; and be by Order of such Court laid out therefor accore dingly.

That the Person, or Persons that are, or from Time to Time shall be em- Boats to be ployed for keeping the Ferry between New-London and Groron, called New- kept both

Sides New. Leadea Ferry, thall conftantly maintain a Boat, or Boats, in good Repair, fur- London river nithed, as aforesaid, suitable for said Ferry, on each side the Water.

And for preventing of Danger in, and for regulating the pasing of common Ferries, It is further enažied by the Authority aforesaid, That no Perry-Man fall Coats to be

sufficient,&C. earry any Pallenger over the water in any Boac that is not sufficient, according to this Aů, upon Penalty of forfeiting fuch Boat, or the Value thereof: One Moiety to the State Treasury; and the other Moiety to the Informer.

And every Ferry-Man that shall not provide fufficient Cars, and other receffary Implements: And also such Man, or Men, as the Condicion of the

Penalty, Patage thall sequie, qualified according to this A&t, as before expressed, for the safe, and speedy Passage of Travellers, shall for every Default therein, incur such Penalty as the County Court of that County wherein such Ferry is, (upon Complaint to them made) hall see cause to impose upon him.

Provided, The Penalty for one Default shall not exceed the Sum of Three Provisa. Pounds.

65. penalty That no Person fhall press, or enter into any Ferry-boat, or other Ferry- for prefling vesiel, contrary to the Will of the Ferry-man, or the major part of the Passen- into fertygers firft eatered, upon pain of forfeiting the Sum of Six-fhillings for every fuch hoat with. Attempt.

out consent, And that every Perry-man that shall permit, or allow any Person to enter

Penalty on into his Boat, or other Ferry-Vessel, against the will of any Affiitant, Justice ferry-men of the Peace, or Representative of the General Assembly; or any of the Elders for permite of the Churches ; or the major part of the Passengers before shipped, or enter- ting, &c. ed into faid Boat, or Veslel, shall forfeit for every person so admitted, or receive 4

against their Will lo declared, the Sum of Ten shillings.

And every Perry-man shall have power to keep, or put out of his Boat every Person that shall press, enter into, or ftay in his Ferry-boat contrary to his

&c.

order.

That all Persons hall be received into such Ferry-boats according to their Order of recoming first, or last, to such Ferry ; only all public Officers, and such as go up

ceiving pala on public and urgent Occagons; as Poits, Physicians, Surgeons and Midwives fengers. thall be transported first, or with the first.

And that all the Fares of all the Serries in this State shall be stated only by the General Asembly: And the Fare being published according to Law, shall Fares to be be the only Fare that any Ferry-man shall take for carrying over Passengers, stated, &c. Horses or other Creatures, and every Ferry-man that shall Demand and take more than the Fare fo stated, shall forfeit the Sum of I wenty fillings : One Penalty, Moiety to the Treasurer of the State, and the other Moiety to be divided between the Informer, and the Person injured. In the Trial whereof no Appeal shall be allowed.

And be it further era&ted by the Authority aforesaid, that the Fa:es of the leporal Ferries in this State, shall be as follows, \iz,

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