Section 30 – Expenses of Apportionment and Maintenance
Section 30. The expense of apportioning the fence and also of making and maintaining such part thereof as cannot be conveniently and justly apportioned to any one proprietor shall be borne by all the proprietors liable to be assessed in proportion to their respective interests; and the part apportioned to each proprietor shall be made […]
Section 31 – Repair of Fence by Other Proprietor
Section 31. If the part of the fence apportioned to a proprietor becomes deficient and he does not repair it within three days after notice of such deficiency has been given to him by a fence viewer of the town, it may be repaired by any other proprietor. Two or more fence viewers may examine […]
Section 32 – Recovery of Cost of Repairs; Double Damages
Section 32. The person making such repairs may demand of the proprietor bound to make them, or of the tenant holding under him, double the cost of the repairs and of the fees of the fence viewers so ascertained; and if they are not paid within one month after notice and demand, he may recover […]
Section 33 – Emergency Repair of Fence; Recovery of Cost of Repairs
Section 33. If a part of the fence is suddenly blown down or carried away by a flood or tempest at a time when the crops of grain or grass in the field are thereby exposed to immediate destruction or injury, the proprietor to whom such part of the fence was assigned shall repair it […]
Section 34 – Enclosure by Proprietor of Own Land; Effect on Common Field
Section 34. A proprietor may enclose his land at his own expense; and, so long as he keeps it enclosed with a sufficient fence, may cultivate and use it as he thinks fit; and during such period, so far as such enclosed land is concerned, he shall neither be assessed for any expenses incident to […]
Section 35 – Maintenance of Boundaries Within General Field; Violation
Section 35. Every proprietor of land lying unfenced in a general field shall once in every two years, if requested by the owner of the adjoining land, run lines with such owner between their lots and make and keep up the boundaries between them by sufficient bound stones, at their joint expense. If he fails […]
Section 36 – Jurisdiction of Superior Court; Order to Fence
Section 36. If it is for the interest of the proprietors of five or more parcels of land to enclose them in one common field, the superior court for the county where the land or any part of it lies may, upon the application of a majority in interest of the proprietors, after notice to […]
Section 37 – Fields Established by Court Order; Management
Section 37. After a common or general field is so established by an order of the court, the further proceedings in relation thereto shall be the same as are provided when a field is so enclosed by the consent of the proprietors; and the proprietors shall be entitled to the privileges and be subject to […]
Section 38 – Division of General Field; Petition; Committee to Make Division
Section 38. Three or more proprietors of lots in a general field lying within one general fence or enclosure may, by a written petition to the proprietors of such field at a meeting of said proprietors legally warned for the purpose, request to have their lots, either alone or jointly with any other lots in […]
Section 39 – Division of General Field; Court Order
Section 39. The committee shall, as soon as may be after their appointment, make return of their doings under their hands to the court; and after its acceptance by the court, the fields so divided shall be deemed separate general fields and the proprietors of the field set off, and the remaining proprietors of the […]