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Fence view

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Fence: And the Party complaining fhall pay the Fence-Viewers for repairing faid Fence double the faid Appraifement: And in cafe of Refufal, or Neglect forthwith to do the fame, it fhall be levied by Diftrefs and Sale of the Offender's Goods; or for want of Goods, by extent of his Lands, by Warrant, as aforefaid. And if at any Time the Fence-Viewers of any Common Field fhall find the common Fence of fuch Field defective fo much that they are not able to repair ers finding the fame, or to hire Help fufficient to repair the fame, fo as that fuch Common fence much Field may be timely fecured, and do make Complaint thereof to the next defective, to Affiftant, or Juftice of the Peace, fuch Affiflant or Juice is hereby fully im- make powered to iffue forth a Warrant to the Conftable of that Town, or to the faid plaint, to an Fence-Viewers, to imprefs Men and Teams fufficient to repair fuch defective Fence; who shall be paid by fuch Fence-Viewers for their Labour, as they can agree, or as fhall be determined by fuch Afftant, or Juftice of the Peace. It is also further enacted, That no Perfon fhall feed, or bait any Cattle, or Cattle not Creatures upon his Neighbours Land in any Common Field without his Leave, be baited, or Confent, from the tenth Day of April to the tenth Day of October, Yearly; without unless fuch Field by the Agreement, and Order of the Proprietors thereof fhall leave, unless be fooner opened for feeding. And all Cattle, or Creatures being found bait- the field be ing, or feeding as aforesaid, within the Time aforefaid, fhall be liable to be open. impounded by the Haywards of the Field; or Owner of fuch Land.

affiftant, or juftice, &c.

Damage done

by cattle, &c.

And all Damages that fhall be done in any Common Field, or particular Inclosure by Cattie, Horfes, Sheep, or Swine, when the Fence is fufficient, fhall be paid by the Owners of fuch Creatures, but if the Fence be defective, paid by their the Poundage fhall be paid by the Owners of fuch Creatures, before they fhall owners. be released out of Pound; and the fame fhall by him be again recovered of that Person whole Fence is found defective: Provided it shall appear that fuch Creatures entered faid Field through fuch defective Fence. And all Damages that shall be sustained through the Deficiency of Fence, shall be paid or borne by the Owner of fuch Fence.

And to prevent Difficulties that may arife through the Deficiency of Fence belonging to Proprietors in common Fields, who are non-refident in the Town where fuch Fields are.

It is further enacted by the Authority aforesaid, That fuch non-refident Proprietors of any Common Field, fhall annually certify to the Clerk of faid Non-refiCommon Field, under his or their Hands whom he or they have appointed and dents to cerimpowered to be his, or their Agent or Agents to act in his or their behalf, in tify to the all Affairs refpecting his or their Intereft therein: Which Agent or Agents fhall certify to faid Clerk, his or their Acceptance of faid Truft; and thereupon pointed fhall become obliged to do all the Duties, and attend the Orders of the Pro- agent. prietors as fully as the refident Proprietor: by Law are.

clerk, who they have ap

And if fuch non-refident Proprietors fhall neglect or refufe to conflitute their Agents, and certify, as aforefaid, the Fence-Viewers of the faid Field, upon on their reView of the common Fence thereof, and finding any Part of fuch non-refident fufal, the Proprietor's Fence infufficient, fhall notify the Clerk of faid Field of the faid fence viewInfufficiency under their Hands; which Notification fhall be deemed legal ers to, &c. Warning to the aforesaid non-refident Proprietors, to take care to mend, and keep in Repair fuch Fence: And on failure thereof, the Fence-Viewers are directed, and impowered to take the faine Method, and fhall have the fame Recompence; to be recovered in the fame Manner as is above provided in cafe of refident Proprietors Neglect, or Default.

Always provided, That if at any Time the Fence-Viewers fhall repair any non-refident Proprietor's Fence, an Account of the Coft thereof fhall be rendered to, and a Demand shall be made of fuch Clerk, (who shall make Entry Provifo.

M

72

Particular

comon fields to be fufficiently fenced.

Fences and Fields.

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

And whereas Damage is often done in Common. Fields by those who inclofe Lands within juch Fields, through the Injuficiency of their Fences.

Therefore,

Be it further enacted by the Authority afarefaid, That fuch Inclofure shall be inclofores in fufficiently fenced for the fecuring of Beafts that fhall be put into them for Pafture. To be viewed, and judged by fome of the Fence-Viewers in the Town And if any where fuch Field is, who are not Parties, or interested in the cafe. Perfon fhall put any Horfes, Cattle, Sheep, or Swine to Pasture in any fuch particular Inclcfire, which in the Judgment of the faid Fence-Viewers is not fufficiently fenced for fecuring of the Creatures fo put to Pasture, all fuch Creatures fhall be as liable to be impounded as if they were loofe in the open Field. And if fuch Creatures fhall break out of fuch Inclofure, and be found Damage-feasant in the Common Field, the Owner of them shall pay Coft of Pourdage, and Damages as the Law in any cafe provides.

Be it further enacted by the Authority aforefaid, That the Proprietors of any common Field may, by their major Vote, computed as aforefaid, agree on the Fee to be paid by the Owner of any Horfe, Horfe-Kind, neat Cattle, of To agree on Sheep impounded out of fuch Common Field, and the Sum thus agreed on and the fees to be voted in any lawful Meeting, shall be the lawful Fee,to be paid by the Owner of fuch impounded Creature. Always provided, it be not more than three Shillings for each Horse, Horse-Kind, and neat Cattle, and for all Sheep four Pence per Head.

paid for im

pounded

creatures.

All the inhabitants in

And for preventing Difputes about fencing particular Inclosures, and rendering. the Improvement of them profitable to the Owners.

Be it further enacted by the Authority aforejaid, That all the Inhabitants in this State, fhall make and maintain fufficient Fence, or Fences (agreeable to this ftate, to the Direction in this Act before given respecting what shall be deemed fufficient Fence) to fecure their particular Fields, or Inclofures.

make and

maintain

fufficient fence.

And whatsoever Creatures fhall be found Damage-feasant in fuch Inclosure, fenced as aforefaid, shall be liable to be impounded by the Owner of fuch Inclofure, or his Order: And the Owner of fuch Creature fhall pay the Poundage and Damage. But whatfoever Damage fhall be done by any Beaft through the Infufficiency of the Fence of luch Inclosure, fhall not be recoverable, unless the Damage be done by Svine or Horfes, fuffered to go at large on the Common; or by unruly Cattle, which will not be restrained by ordinary Fences; or unless nage feafant where any Perfon thall put his Cattle into, or otherwife voluntarily trefpafs upon his Neighbour's Ground: In all which cafes, if the Party damnified find the Beats doing Damage in his Inciofure, he may impound them and recover Poundage and Damage; although his Fence be not fufficient according to Law.

Creatures

found da

to be im.

pounded.

led to pafs

their judg

And whenfoever any Fence-Viewers, on occafion of any Cattle or other Creatures being impounded as Damage-feafant, fhail be called to pass their Fence view- Judgment on the Fence inclefing the Land from whence fuch Creatures were ers to be cal- impounded, that although faid Fence be found in fome Places not fully anfwerable to the I aw, yet if they judge the Fence of fuch Inclosure to be as effectual arning the Creatores impounded as a five-rail Fence or ftone-wall, four feet high, well erected would be ; or if it be made to appear to the faid FenceView.cre, that the Creatures did not enter the enclosed Lands at the deficient Place: but over fome Place which was fufficient, as aforefaid, then the faid Fonce Viewers hall declare the Fence to be fufficient, any thing, in this Act before contained to the contrary notwithstanding,

mint on fence.

any Perfon fhall fence any particular Field, or Inclofure, in fetting of Pofts and Rails, Boards, or Hedge-Fence, there shall be liberty

Fences and Fields.

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

73

And for the making Stone-wall or other Fence, there fhall be liberty of Stone-wall either Party bordering on each other, to fet one. Half of the width of fuch to be made Stone-wall or other Fence, on each fide of the dividend Line, provided it ex- one half on ceed not one Foot and a Half from faid Line on the neighbours Land.

And there fhall be a Liberty of four Feet allowed for a Ditch, from the divi

his neighbours land.

dend Line, (except in fencing Houfe or home Lots, for either of the bordering 4 feet in ma Parties) where the proportion of Fence belongs to them relpectively; provided ig ditches the Party making the Ditch lay the Bank thereof upon his own Land.

And that when any Perfon, fhall fence in, and improve any particular adjoin- Dividend ing Fields ar Inclofures in feveral, they fhall make and maintain the dividend fence how Fence equally between them; that is to fay, one of them the one Half, and the maintained. other the other Haif thereof.

And if one Perion shall improve before his Neighbour, and fo make, the whole of the Fence, and afterwards the adjoining Neighbour or Proprietor In cafe one shall improve the adjoining Land by particular Inclofure, he shall purchale one perfon make Half of the dividend Fence, and maintain the fame: And if the Parties do not the whole agree is dividing or apprizing the faid dividend Fence, it fhall be in the Pow- fence before his neigher of the Perfon aggrieved, to call the Select-men of the Town or major Part of bour inclofe them, who fhall divide and fet out each and every Perfon or Perfous, his or any, how their Part of the laid dividing Fence, in equal Proportion; and fhall fet a faid peifon Price upon the Fence fo fet out to the Perfon or Pertons laft improving in fever. fhall be real; to be paid to the Perion or Perions who erected the fame: An Account imburied. whereof under the Select-men's land; fhall be a fufficient Evidence for the Perion or Perfons wno erected faid Fence, to recover faid Price fo fet, of the Perfon or Pertons laft improving, as aforefaid.

The like Method may be taken in dividing any dividend Line of Fence, be- The like tween adjoining Proprietors of particular Inclofures, on the motion of either method to Party, where it shall so happen that the other Party refuses to divide the fame; be taken in In dividing of which the Select men fhall have regard to the better part of laid other fences, Fence, (if any fuch there be) and fet the fame to him who erected the fame, or holds under him who erected it; and the Charge thereof fhail be paid by him who wilfully refused to make fuch divifion: For the recovery of which the Account thereof under the Select-men's Hands fhall be a fufficient Evidence, as aforesaid.

And all divisions of fuch Fence made as aforefaid, and recorded in the Town Divifion of Records of the fame Town in which it is made, fhall be as effectual in Law, as fence being though the fame was made in Writing under the Hands of the Parties con- recorded, cerned.

&c.

Perfons

And ifany Perfon or Perfons who ought to maintain any dividend Fence, fhall neglect or refufe to keep in fufficient repair according to Law, all fuch Fence or Fences, fet out as aforefaid; or divide according to the Agreement of the Parties concerned therein, appearing by Writing under their Hands, or other fufficient Evidence to fhew the fame, the Perfon aggrieved fhall have li- neglecting berty and power, at his own Coft, to call the Fence-Viewers in the Town to to keep divi. view the fame: Who if they find the fame infufficient, or wanting, hall take dend fence the fame method in order to get the fame erected or repaired: And they, or in repair. the Perfon aggrieved, fhall have the fame allowance for erecting or repairing the fame, if they, or either of them erect or repair it; and to be recovered in the fame manner, with Coft of viewing the fame, as is before provided in this Act in cate of neglect to repair Fence in the Line of Common Field Fence. Always provided, That if the Perfon aggrieved repair faid infufficient Fence, Provifo the Value of fuch Reparation shall be apprifed by the Fence Viewers.

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Ferry men

to be provided with fuf. fcient boats,

oars, &c.

Ferries.

And if any Perfon fhall afterwards lay open his Field or Inclosure, (which none shall do without three Months warning, on penalty of paying the Damnages that his Neighbour shall fuftain thereby) the other Party thall have liberty to buy the divided Fence, paying the then prefent Value thereof; To be fet by two Men, to be chofen by either Party one; or in cafe of Non-agreement therein, by the Selectmen, or major part of them..

An Act for regulating Ferries,

BE E it enacted by the Governor, Council and Representatives, in General Court affembied, and by the Authority of the fame," That every Perfon or Town that hath, or that hereafter fhall have a Ferry or the Privilege of a Ferry; or Right of carrying Paffengers; Teams, Horfes or other Creatures, over any River, Creek, or other Place of Water in this State, fhall at all Times be provided with a good tight Boat; fufficient both for Largenefs, Strength, and Steadiness for the fafe Transportation of Paffengers and their Horfes, and other Creatures: Well furnished with fuitable Oars, and other Implements. neceffary for that Service, and Men fufficient to manage the fame.

And none shall be employed as Ferry-men but fuch as are of approved DifTroved of cretion; strong, and able-bodied; well killed in rowing, and managing faid

proved difcretion.

Select men

to take care

in this affair.
Ferry-men
to have the
fole liberty
of tranfp rt-
ing travel.
lers.

Provifo,

Hours of attendance.

Ferry-men

Service.

And the Select-men of the Town where fuch Paffage is, or fuch Privilege is granted, are hereby required and impowered to take effectual Care that this Order, in all the Parts of it, be duly attended by all the Owners of Ferries.

That ever keeper of a Ferry fhall have the fole Liberty of the Transportation. of Paffengers and their Horfes, from the Place where fuch Ferry is granted, to any other Ferry-Place, or usual Place of Landing. And no Ferry-man that thall. land Pafiengers at any other Ferry-Place, may take Paffengers from thence, if the Ferry-Boat of that Place, be ready.

Provided, this Order fhall not hinder any Perfons that use, or have occafion to pafs in their own or their Neighbours Boats or Canoes, to their own Bufinefs and Labour fron paffing accordingly.

And for the speedy Transportation of Paffengers.

Every Ferry-man employed in the refpective Ferry-Boats in this State, fhall give conflant and diligent Attendance on that Bufinefs from Sun-rife until nine of the Clock at Night, from the firft of April to the first of October and until eight of the Clock at Night from the first of October to the first of April annually: And fhall not deny or delay the fpeedy carrying over of any Paffenger or Paffengers according to the true intent and meaning hereof, on pain that every fuch Ferry-man upon conviction before any one Affiftant or Juftice of the Peace, of the neglect of his Duty, in not croffing faid Ferries within the Time limited as aforefaid, fhall forfeit and pay the Sum of ten Shillings: One Half to the Informer or Complainant, who fhall profecute the fame, and the other Half to the Treasurer of the Town where fuch Ferry is kept.

Which Offenders may be reftrained till they pay faid Sum, and Cofts of being profe- Profecution: Which Profecution and Conviction may be forthwith had, as in

cuted may

be restrain

ed, &c.

Provife.

Owners of ferries to

keep good wharves

Cafes of Delinquency.

Provided nevertheless, That no Ferry-man fhall be obliged to put off from their respective Shores or Wharves, and pafs the faid Ferries when it manifeftly. appears to be hazardous for them fo to do,, by reafon of any Storm, Tempeft or Ice.

That all the Owners of Ferries fhall keep and maintain good Wharves, or Places of Landing, where they are wanted, upon Penalty of forfeiting fuch Sum as the County Court of that County in which fuch Wharf fhall be Wanted, upon Complaint to them made, thall determine to be fufficient

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to make, or repair fuch Wharf, or convenient Landing: Which Forfeiture fhall be for that ufe; and be by Order of fuch Court laid out there for accordingly.

fides New

That the Perfon, or Perfons that are, or from Time to Time fhall be em- Boats to be ployed for keeping the Ferry between New-London and Groton, called New- kept both Londen Ferry, thall conftantly maintain a Boat, or Boats, in good Repair, furnithed, as aforefaid, fuitable for faid Ferry, on each Side the Water.

And for preventing of Danger in, and for regulating the paffing of common Ferries,

London river

fufficient,&c.

It is further enacted by the Authority aforesaid, That no Ferry-Man fhall Boats to be carry any Paffenger over the Water in any Boat that is not fufficient, according to this Act, 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 fhall not provide fufficient Qars, and other neceffary Implements: And alfo fuch Man, or Men, as the Condition of the Palage fhall require, qualified according to this Act, as before expreffed, for the fafe, and fpeedy Paffage of Travellers, fhall for every Default therein, incur fuch Penalty as the County Court of that County where in fuch Ferry is, (upon Complaint to them made) fhall fee caufe to impofe upon him.

Penalty,

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

6s. penalty That no Perfon fhall prefs, or enter into any Ferry-boat, or other Ferry- for preffing yeffel, contrary to the Will of the Ferry-man, or the major Part of the Paffen- into ferrygers first entered, upon pain of forfeiting the Sum of Six-hillings for every fuch hoat withAttempt.

out confent, &C.

Penalty on

And that every Ferry-man that fhall permit, or allow any Perfon to enter into his Boat, or other Ferry-Veffel, against the will of any Affiitant, Juftice ferry-men of the Peace, or Representative of the General Affembly; or any of the Elders for permite of the Churches; or the major Part of the Paffengers before fhipped, or enter- ting, &c. ed into faid Boat, or Veflel, shall forfeit for every Perfon fo admitted, or receiv ed against their Will fo declared, the Sum of Ten fbillings.

And every Ferry-man fhall have Power to keep, or put out of his Boat every Perfon that fhall prefs, enter into, or ftay in his Ferry-boat contrary to his order.

That all Persons shall be received into fuch Ferry-boats according to their coming first, or laft, to fuch Ferry; only all public Officers, and fuch as go upon public and urgent Occafions; as Poits, Phyficians, Surgeons and Midwives fhall be tranfported first, or with the first.

Order of receiving paf, fengers.

And that all the Fares of all the Ferries in this State fhall be stated only by the General Affembly: And the Fare being published according to Law, fhall Fares to be be the only Fare that any Ferry-man fhall take for carrying over Paffengers, ftated, &c. Hories or other Creatures. And every Ferry-man that shall Demand and take

more than the Fare fo ftated, fhall forfeit the Sum of Twenty fhillings: One Penalty, Moiety to the Treasurer of the State, and the other Moiety to be divided between the Informer, and the Perfon injured. In the Trial whereof.no Appeal. shall be allowed.

And be it further exalted by the Authority aforefaid, That the Fares of the feveral Ferries in this State, fhall be as follows, Viz.

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