190 ly fenced. Fences and Fields. Neglect, forfeit the Sum of Twenty-five Cents, to be collected and 19. Be it further enacted, That all Common Fields fhall be fufficiently fenced: And that all five-rail Fence, and flone-wall. Commonfields four Feet high, being well and fubftantially erected; and all other to be fufficient Fence, either of Rails, Boards, Hedge, Ditch, Brooks, Rivers, Creeks, &c. which in the Judgment of the Fence-Viewers fhall be equivalent to the faid five-rail Fence, fhall be adjudged fuffiWhat shall be cient Fence. And that fuch quick-fet Fence as fhall be accounted fufficient in the Judgment of the Fence-Viewers to fence against ruly Horfes, Neat-Cattle and Sheep, fhall be judged and accounted fufficient Fence. accounted fo. fence. 20. And that the Fence of common Fields may be kept up, and Damage therein prevented, It is further enacted, That the Fence-Viewers of any Common Fence viewers Field, fhall carefully inspect the Fence of faid Field, and view the to infpect the fame as often as they fhall judge it needful: And alfo whenfoever they shall be called out and ordered by the Committee of fuch Field, fhall inspect and view the fame, and take Care that the fame be kept up and maintained in a good and fufficient Manner during the Time they refpectively fhall continue in that Of ce. 21. And to enable them to do the fame, They are directed and fully empowered, upon View of fuch Common Fence, and finding any Part thereof to be infufficient and defective, without DeFence viewers lay to give Notice or Information to the Owner or Owners of duty & power. fuch defective Fence, or to fuch Perfon or Perfons as ought to Provifo. maintain, or who have the Care of maintaining fuch Fence, of the 22. Always provided, That at any Time within ten Days after Fences and Fields. ers in repairing the faid defective Fence: And the Paity complaining fhall pay the Fence-Viewers, for repairing faid Fence, double the faid Appraisement: And in Cafe of Refufal, or Neglect, forthwith to do the fame, it fhall be levied by Distress, and Sale of the Offender's Goods; or for want of Goods, by Extent of his Lands, by Warrant, as aforefaid. 19L 23. And if at any Time the Fence-Viewers of any Common Fence-viewer Field fhall find the Common Fence of fuch Field defective, fo finding fence much that they are not able to repair the fame, or to hire Help muchdefective fufficient to repair the fame, fo as that such Common Field may be to make comtimely fecured, and do make Complaint thereof to the next Affift- plaint to an af fiftant, or juf ant, or Justice of the Peace, fuch Affiftant or Juftice is hereby tice, &c. fully empowered to iffue forth a Warrant to the Conftable of that Town, or to the faid Fence-Viewers, to imprefs Men and Teams fufficient to repair fuch defective Fence; who fhall be paid by fuch Fence-Viewers for their Labour, as they can agree, or as shall be determined by such Assistant, or Juftice of the Peace. 着 24. It is alfo further enacted, That no Perfon fhall feed, or bait Comany Cattle not be baited, with out leave un any Cattle, or Creatures, upon his Neighbour's Land, in mon Field, without his Leave, or Confent, from the tenth Day of April, to the tenth Day of October, Yearly; unless fuch Field, by lefs the field the Agreement and Order of the Proprietors thereof, fhall be be open, fooner opened for Feeding. And all Cattle, or Creatures, being found Baiting, or Feeding as aforefaid, within the Time aforesaid, fhall be liable to be impounded by the Haywards of the Field, or Owner of fuch Land. 25. And all Damages that fhall be done in any Common Field, or particular Inclofure, by Cattle, Horfes, Sheep, or Swine, when Damage done the Fence is fufficient, fhall be paid by the Owners of fuch Crea- by cattle, &. paid by their tures; but if the Fence be defective, the Poundage fhall be paid owners. by the Owners of fuch Creatures, before they fhall be released out of Pound; and the fame fhall by him be again recovered of that Person whofe Fence is found defective: Provided it fhall appear that fuch Creatures entered faid Field through fuch defective Fence. And all Damages that fhall be fuftained through the Deficiency of Fence, fhall be paid or borne by the Owner of fuch Fence. 26. And to prevent Difficulties that may arife through the Deficienof Fence belonging to Proprietors in Common Fields, who are nonrefident in the Town where fuch Fields are. It is further enacted, That fuch non-refident Proprietors of any Common Field, fhall annually certify to the Clerk of faid Com- Non refidents' mon Field, under his or their Hands whom he or they have ap- to certify to the pointed and empowered to be his, or their Agent or Agents to clerk, whethey act in his or their Behalf, in all Affairs refpecting his or their In- have appoints tereft therein: Which Agent or Agents fhall certify to faid Clerk, ed agent. his or their Acceptance of faid Truft; and thereupon shall become obliged to do all the Duties, and attend the Orders of the Proprietors as fully as the refident Proprietors by Law are. 27. And if fuch non-refident Proprietors fhall neglect or refuse On their refe bo conftitute their Agents, and certify, as aforefaid, the Fence fal, the fence viewers to,&c. Viewers of the faid Field, upon View of the Common Fence thereof, and finding any Part of fuch non-refident Proprietor's Fence infufficient, fhall notify the Clerk of faid Field of the faid Infufficiency, under their Hands: which Notification fhall be deemed legal Warning to the aforefaid non-refident Proprietors, to take care to mend, and keep in Repair, fuch Fence: And on Failure thereof, the Fence-Viewers are directed and empowered to take the fame 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. Frovilo. 28. 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 fhall be made of fuch Clerk, (who fhall make Entry thereof) which fhall be deemed as effectual as if prefented to, and made of such non-refident Proprietor, or Proprietors. 29. And whereas Damage is often done in Common Fields by thoje who inclofe Lands within fuch Fields, through the Infufficiency of their Fences. Therefore. Be it further enacted, That fuch Enclosures fhall be fufficiently fenced for the Securing of Beafts that fhall be put into them Particular en- for Pafture: to be viewed, and judged by fome of the Fencelofures in com Viewers in the Town where fuch Field is, who are not Parties, be fufficiently or interested in the Cafe. And if any Perfon fhall put any Hor mon fields to fenced. To agree on the fees to be paid for impounded crea Sures All the inhabiants in this fes, Cattle, Sheep, or Swine to Pafture in any fuch particular Enclosure, which in the Judgment of the faid Fence-Viewers is not fufficiently fenced for Securing of the Creatures so put to Pasture, all fuch Creatures fhall be as liable to be impounded as if they were loose in the open Field. And if fuch Creatures fhall break out of fuch Enclosure, and be found Damage-feafant in the Common Field, the Owner of them shall pay Coft of Poundage, and Damages as the Law in any Cafe provides. 30. Be it further enacted, 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, or Sheep impounded out of fuch common Field, and the Sum thus agreed on and voted in any lawful Meeting, fhall be the lawful Fee, to be paid by the Owner of fuch impounded Creature. Always provided, it be not more than Fifty Cents for each Horse, Horse-kind, and neat Cattle, and for all Sheep Five Cents and Five Milles per Head. 31. And for preventing Difputes about fencing particular Enclofures, and rendering the Improvement of them profitable to the Owners: Be it further enacted, That all the Inhabitants in this State, fhall make and maintain fufficient Fence, or Fences (agreeable to the ate, to make Direction in this Act before given respecting what fhall be deemfufficientfence ed fufficient Fence) to fecure their particular Fields, or Enclosures. 32. And whatsoever Creatures fhall be found Damage-feafant in fuch Enclofure, fenced as aforefaid, fhall be liable to be impounded by the Owner of fuch Enclosure, or his Order: And the and maintain Fences and Fields. Creatures 193 Owner of fuch Creature fhall pay the Poundage and Damage. But whatsoever Damage fhall be done by any Beaft through the Infufficiency of the Fence of fuch Enclosure, fhall not be recov- found damage erable unless the Damage be done by Swine or Horfes, fuffered feafant to be to go at large on the Common; or by unruly Cattle, which will impounded. not be restrained by ordinary Fences; or unlefs where any Perfon fhall put his Cattle into, or otherwife voluntarily trespass upon his Neighbour's Ground: In all which Cafes, if the Party' damnified find the Beasts doing Damage in his Enclosure, he may impound them and recover Poundage and Damage; although his Fence be not fufficient according to Law. 33. And whenfoever any Fence-Viewers, on Occasion of any Cattle or other Creatures being impounded as Damage-feafant, fhall be called to país their Judgment on the Fence inclofing the Land from whence fuch Creatures were impounded, that although Fence viewers faid Fence be found in fome Places not fully answerable to the to be called to Law, yet if they judge the Fence of fuch Enclosure to be as effect- pass their ual against the Creatures impounded as a Five-rail Fence or Stone- judgment on wall four Feet high, well erected would be; or if it be made to appear to the faid Fence-Viewers, 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 Fence-Viewers fhall declare the Fence to be fufficient, any thing in this A&t before contained to the contrary notwithstanding. 34. That when any Perfon fhall fence any particular Field, or Enclofure, in fetting of Pofts and Rails, Boards, or Hedge-Fence, there fhall be Liberty for either Party, of twelve Inches from the dividend Line, to break the Ground to fet the Pofts and Stakes in: But the Pofts and Stakes fhall be fet in the dividend Line. fence. 35. And for the making Stone-wall or other Fence, there fhall Stone-wall to be Liberty of either Party bordering on each other, to fet one be made one Half of the width of fuch Stone-wall or other Fence, on each half on his Side of the dividend Line, provided it exceed not one Foot and neighbours a Half from faid Line on the Neighbours Land. land. 36. And there fhall be a Liberty of four Feet allowed for a Ditch, from the dividend Line, (except in fencing Houfe or 4 feet in mahome Lots, for either of the bordering Parties) where the Propor- king ditches.. tion of Fence belongs to them relpectively; provided the Party making the Ditch lay the Bank thereof upon his own Land. 37. And that when any Perfon fhall fence in, and improve any Dividend particular adjoining Fields or inclofures in feveral, they fhall fence how make and maintai. the dividend Fence equally between them; maintained. that is to fay, one of them the one Half, and the other the other Half thereof. 38. And if one Perfon fhall improve before his Neighbour, and fo make the Whole of the Fence, and afterwards the adjoining Neighbour or Proprietor fhall improve the adjoining Land by In cafe one particular Enclofure, he fhall purchase one Half of the dividend perfon make Fence, and maintain the fame: And if the Parties do not agree in fence before dividing or apprizing the faid dividend Fence, it fhall be in the Ce the whole 194 how faid per fon fhall be reimbursed. Fences and Fields. his neighbour Power of the Perfon aggrieved, to call the Select-men of the inclofe any Town, or major Part of them, who fhall divide and fet out each and every Perfon or Perfons, his or their Part of the faid dividing Fence, in equal Proportion; and fhall fet a Price upon the Fence fo fet out to the Perfon or Perfons laft improving in feveral; to be paid to the Perfon or Perfons who erected the fame: An Account whereof under the Select-men's Hands fhall be a fufficient Evidence for the Perfon or Perfons who erected laid Fence, to recover faid Price so set, of the Perfon or Persons last improving, as aforefaid. ken in other fences. 39. The like Method may be taken in dividing any dividend The like me- Line of Fence, between adjoining Proprietors of particular Enclothod to be ta- fures, on the Motion of either Party, where it fhall fo happen that the other Party refufes to divide the fame: In dividing of which the Select-men fhall have Regard to the better Part of faid 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 fhall 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 aforefaid. 40. And all Divifions of fuch Fence made as aforefaid, and recorded in the Town Records of the fame Town in which it is made, shall be as effectual in Law, as though the fame was made in Writing under the Hands of the Parties concerned. Divifion of fence being recorded, &c. 41. And if any Perfon or Perfons who ought to maintain any dividend Fence, fhall neglect or refuse to keep in fufficient RePerfons neglecting to keep pair according to Law, all fuch Fence or Fences, fet out as aforedividend fence faid; or divide according to the Agreement of the Parties conin repair.. cerned therein, appearing by Writing under their Hands, or other fufficient Evidence to fhew the fame, the Perfon aggrieved fhall `have Liberty and Power, at his own Coft, to call the FenceViewers in the Town to view the fame: Who, if they find the fame infufficient, or wanting, fhall take the fame Method in order to get the fame erected or repaired: And they, or 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 A&t in Cafe of Neglect to repair Fence in the Line of Common Field Fence. Provifo. Perfons laying open their fields, &c. Always provided, That if the Perfon aggrieved repair faid infufficient Fence, the Value of such Reparation fhall be appraised by the Fence-Viewers. 42. And if any Ferfon fhall afterwards lay open his Field or Enclosure, (which none shall do without three Months Warning, on Penalty of paying the Damages that his Neighbour fhall fuftain thereby) the other Party fhall have Liberty to buy the dividend Fence, paying the then present Value thereof: To be fet by two Men, to be chofen by either Party one; or in Cafe of Nonagreement therein, by the Select-men, or major Part of them. |