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SECT. 25. They shall immediately after such appointment issue a Engineers, opnotice to each of said engineers to meet at a time and place designated forzation 3.f. in the notice; at which meeting the engineers shall choose a chief engineer, a clerk, and such other officers as they may deem necessary for their complete organization.

Sect. 26. The engineers in relation to the extinguishment of fires to have powshall exercise the powers which firewards may by law have and exercise, wards; to apand in relation to the nomination and appointment of enginemen shall point engineexercise the powers and perform the duties of selectmen. They may 1839, 138, $ 4. appoint such number of men to the engines, hose, hook, ladder, and sail carriages, and to constitute fire companies for securing property endangered by fire, as they may think expedient; but the number of men appointed shall not exceed to each suction fire engine, fifty; to each common engine, thirty-five; to each hose-carriage, five; to each hook and ladder and sail carriage, twenty-five; and to each fire company, twenty-five.

SECT. 27. The engine, hose, hook and ladder, and sail carriage men, Organization of and fire companies, may organize themselves into distinct companies, their by-laws, elect the necessary officers, and establish such rules, regulations, and by- &c.

1839, 138, $ 5. laws, as may be approved by the board of engineers; and may annex 1862; 312. penalties to the breach of the same, not exceeding ten dollars in any case; and the same may be recovered by the clerk in an action of tort to the use of the company.

SECT. 28. The engineers and all persons appointed by them shall be Privileges and subject to the same duties and liabilities and entitled to the same priv- inderstoelen ileges and exemptions as enginemen appointed by selectmen.

1839, 138, § 6. SECT. 29. The board of engineers shall have the care and superinten- Engineers to dence of the public engines, hose, fire-hooks, ladder-carriages, and ladders

, bares care offer in their respective towns, together with the buildings, fixtures, and ap- ire apparatus. pendages, belonging thereto, and all pumps, reservoirs for water, and 1839, 135, $ 7. apparatus, owned by the town and used for extinguishing fires; and shall cause the same to be kept in repair, and when worn out to be replaced; and, from time to time, shall make such alterations therein and additions thereto as they shall deem necessary; but such alterations, additions, or repairs, shall not in any one year exceed the sum of one hundred dollars, unless the town has authorized a larger appropriation.

SECT. 30. They may at any meeting establish such rules and regula- may make tions as they judge proper to prohibit or regulate the carrying of fire, rying tire, firebrands, lighted matches, or other ignited materials, openly in the lighted matchstreets or thoroughfares of such town, or such parts thereof as they may streets, &c. designate, or to prohibit owners or occupants of buildings within their 1839, 138, 8 8. town, or such part thereof as they may designate, from erecting or maintaining any defective chimney, hearth, oven, stove, or stove-pipe, fireframe, or other fixture, deposit of ashes, or any mixture or other material which may produce spontaneous combustion, or whatever else may give just cause of alarm or be the means of kindling or spreading fi

Sect. 31. They may make and ordain rules and regulations not Other general repugnant to the constitution and laws of the state, for their own govo preventing, &c., ernment and the conduct of citizens at fires, and annex penalties for the fires. breach thereof not exceeding twenty dollars for one offence; which may 1862, 312. be recovered by the chief engineer in an action of tort and appropriated by the engineers to the improvement of the fire apparatus of the town: but such rules and regulations shall not be binding until approved by the inhabitants of the town at a meeting held for the purpose, and published as the town shall direct.

SECT. 32. No act hereafter passed establishing a fire department in Future acts esany town, shall take effect until it is accepted and approved by the teblarking fire inhabitants of such town at a meeting held for the purpose.

1839, 138, $ 9.

1839, 138, $ 8.

&c.

tricts.

to establish.

ers.

Who to vote at

FIRE DISTRICTS. Fire depart- Sect. 33. Fire departments may be established in villages or districts Inges and dis containing not less than one thousand inhabitants, the officers of which

shall have charge of and be responsible for the engines and other appa1814, 152, $ 1. ratus for the extinguishment of fire therein, in the

same manner as firewards and enginemen of towns. proceedings

Sect. 34. Before a district is constituted and organized, a petition

shall be presented to the town at a legal meeting, stating the limits of 1844, 152, $ 2.

the proposed district and requesting the town to raise taxes for the establishment and maintenance of a sufficient fire department for the reasonable protection from fire of the inhabitants and property within said limits. If the town refuses or neglects so to do, the inhabitants of the proposed district may proceed to constitute and organize the same

and to establish a fire department therein as hereinafter provided. Selectmen, &c.,

Sect. 35. The selectmen upon the application in writing of not less to call meeting, than seven freeholders, inhabitants of such proposed district, setting seven freehold forth the limits thereof, and requiring them to notify a meeting of the 1814, 152, $ 3.

inhabitants thereof duly qualified to vote in town affairs, for the purpose of considering the expediency of organizing such district and establishing a fire department, shall forthwith give notice to such inhabitants, in the manner of notifying town meetings, to assemble at some suitable place within the district for said purpose, the substance of which shall be expressed in the notification. If the selectmen refuse or neglect to notify such meeting, any justice of the peace in the county may notify the same.

SECT. 36. If at any such meeting the voters present determine to clerk toenemento organize such district, they shall choose a clerk, who shall be sworn to sen, his duties. keep a true record of the proceedings of all meetings and to perform all 1814, 152, $ 4.

the duties of clerk so long as he holds the office. He may be removed by the district, or may resign, and in case of a vacancy another may be chosen.

SECT. 37. The district at such meeting may vote to establish a ing fire departs fire department to consist of a chief engineer, and as many assistanttablished. engineers, enginemen, hosemen, and hook and ladder men, as they may 1814, 152, $ 5.

deem necessary, not exceeding for each suction engine, seventy-five, for each common engine, thirty-five, for each one hundred and fifty feet of leading hose kept for use within the district, five and not exceeding

twenty-five hook and ladder men; each of said officers and members Certificates. shall be furnished with a certificate under the hands of the chief engineer

and clerk, declaring his station in the department. Engineers, how SECT. 38. The chief engineer and assistant-engineers shall be chosen 181, 152, $ 6.

by the district and shall be sworn. Meetings of fire SECT. 39. Meetings of the district shall be called by the clerk when called and con requested in writing by the chief engineer, or two assistant-engineers,

or seven voters of the district; and he shall give notice of the same by 1841, 152, $7.

posting written notifications in at least six public places in the district not less than seven days prior to the meeting, or by publishing the same in a newspaper, if one is printed in the town where the district is situated, which notifications shall briefly state the purposes of the meeting. At each of the meetings a moderator shall be chosen, who shall have the powers of the moderator of a town meeting. After the choice of a clerk, he shall preside at subsequent meetings with like powers until a

moderator is chosen. Board of engi.

SECT. 40. The board of engineers may from time to time make and neers to make publish rules and regulations for their own government, and that of 1811, 162, $$ 8,11 other members of the department, and of persons present at fires

, and See § 46.

for regulating or prohibiting the carrying of fire or ignited substances in or through the streets or ways of the district, and prescribe penalties

At such meet

chosen.

ducted.

11 Met. 374.

for the violation thereof, not exceeding twenty dollars for each offence. Engineers to The board may appoint enginemen, hosemen, hook and ladder men, men.

appoint engineremove them, and fill vacancies in the companies.

SECT. 41. Engineers shall have and exercise the same powers and power of, and authority relative to the extinguishment of fires, and the demolishing triet for their of buildings for that purpose within the district, as firewards of towns; acts. and the inhabitants of districts shall be liable for acts done by such 1844, 152, § 9. engineers, or by their orders, in the same manner as towns are liable for acts done by firewards.

SECT. 42. Engineers and other members of the fire department of Privileges, &c. such district shall have the immunities and privileges of firewards and Compensation.

, enginemen of towns, and shall receive such compensation as the district 14. determines.

SECT. 43. Such districts may, at meetings called for the purpose, Money raised raise money for the purchase of engines and other articles necessary for the under

pruthe extinguishment of fires, for the purchase of land and erection and dential commitrepairs of necessary buildings, and other incidental expenses of the toe, to be chosfire department. They shall choose a prudential committee, who shall 1814, 152, $ 12. have the care, custody, and management, of the money so raised, and shall expend the same for the purposes prescribed by votes of the district; and such committee shall be accountable to the district for such money received by them, which may maintain a suit therefor in the name of the inhabitants thereof.

SECT. 44. The clerk shall certify to the assessors of the town all Assessment sums of money voted to be raised by the district, which shall be as- ar money voted sessed and collected by the officers of the town in the same manner to be raised by that the town taxes are assessed and collected, and be paid over to the 1841, 152, § 13. treasurer, who shall hold the same subject to the order of the prudential committee. The assessors, treasurer, and collector, of any town in which such district is organized shall have the powers and perform the duties in reference to the assessment and collectidn of the money voted by the fire district, as they have and exercise in reference to the assessment, collection, and abatement, of town taxes, but the sums so Foted shall be assessed upon the property real and personal within the district.

SECT. 45. No by-law, rule, or regulation, adopted by the district, By-laws, imposand having a penalty attached to it, shall be in force until it is approved in penalties to by the superior court for the county in which such fire district is.

Sect. 46. Penalties under the provisions of the twelve preceding Penalties, how sections may be recovered by action of tort in the name of the chief recovered, &c. engineer and appropriated to pay the expenses of the fire department 1841

, 162

, 88 8,15. of the district, or on complaint or indictment to the use of the com- 1862, 312. monwealth. If the chief engineer shall die, resign, or remove, during the pendency of such suit, it shall not abate, but his successor shall be Suit not to admitted to prosecute it. No inhabitant of the district shall be dis- abate, &c. qualified to act as judge, magistrate, juror, or officer, in a suit brought for such penalties.

Sect. 47. Such district, at a meeting called for that purpose, may District may alter the limits thereof so as to include any adjacent territory and its particolare per inhabitants, if the voters of said territory have petitioned therefor, set- sons, or estates. ting forth the limits of the territory to be annexed; or exclude

1815, 237, $ 1.

any person, or the estate of any person, who has thus petitioned, if the town within which the district is situated has assented thereto.

Sect. 48. Fire districts heretofore legally organized shall continue Districts hereand be subject to the provisions of this chapter in relation to fire districts. tedare organ

1814, 152, § 15.

SPECIAL PROVISIONS.

Fire clubs not Sect. 49. No association, society, or club, organized as firemen, shall to be established, unless, &c. be allowed in any city or town except by the written permission of the 1855, 101, $ 1.

mayor and aldermen or selectmen. Penalty for SECT. 50. Whoever joins, belongs to, or assembles with, such assojoining without ciation, society, or club, existing without such permission, shall be 1855, 161, $ 2. punished by fine not less than five nor more than one hundred dollars,

or by imprisonment in the house of correction for a term not exceeding

three months. Two preceding Sect. 51. The provisions of the two preceding sections shall be in in force only

force in those cities and towns only which have adopted or may adopt where, &c.

the same. 1855, 161, $ 3.

sections to be

CHAPTER 25.

OF FENCES AND FENCE VIEWERS, POUNDS, AND FIELD DRIVERS.

FENCES.

POUNDS, AND IMPOUNDING OF CATTLE ; FIELD SECTION

DRIVERS. 1. What shall be a legal fence.

SECTION
2. Adjoining occupants to maintain fences. 18. Pounds to be provided by towns. Penalty
3. Proceedings when a party neglects, &c.

for neglect.
4. Remedy against adjoining owner, &c., for 19. Penalty for injuring pounds.
repairing, &c., deficient fence.

20. Pound keeper to be appointed.
5. Controversies between parties about repair- | 21. Field drivers to take up beasts going at
ing, &c., how determined.

large without keeper. Beasts going at large 6. Double damages in case, &c.

on Lord's day, &c.
7. Fence viewers may order compensation for 22. Beasts taken up to be impounded.
repairing more than just share.

23. Fees to field driver and pound keeper. 8. Partition fences, how kept.

24. to be paid by owner of beasts.
9. how and where made when lands are 25. Beasts doing damage, may be distrained.
bounded by water.

26. to be impounded.
10. Where lands have been improved without 27. Person distraining to state demand.

partition fences, division may be made. 28. Beasts not to be delivered until costs, &c, 11. Fences to be maintained by agreement of are paid.

parties or assignment of fence viewers. 29. Notice to be given to owner or keeper. Lands may be laid common by giving no- 30. or posted up and published in a news tice.

paper, in case, &c. 12. When one party lays open enclosed lands, 31, 32. Sum due from owner, how determined.

the other may purchase right in fence. 33. if not paid, beasts to be sold. 13. Where unimproved lands are afterwards 34. proceeds, how disposed of.

enclosed, &c., party benefited shall pay, &c. 35. Beasts escaped or rescued, may be retaken. 14. Fence viewers, when fences are on town 36. Penalty for rescuing beasts distrained. lines.

37. Legality of distress to be tried only by ra 15. Where water fence is necessary, how made. plevin. 16. Penalty for fence viewer's neglect of duty. 38. Rams and he goats, when not to go at 17. Fees of fence viewers, how recovered.

large.

FENCES. What shall be a

SECTION 1. Fences four feet high and in good repair, consisting of legal fence. rails, timber, boards, or stone, and brooks, rivers, ponds, creeks, ditches, R. S. 19, $ 1.

and hedges, or other things which the fence viewers within whose jurisdiction the same shall lie shall consider equivalent thereto, shall be

deemed legal and sufficient fences. Adjoining occu- SECT. 2. The respective occupants of lands enclosed with fences, Pantsctoc inain- shall so long as both parties improve the same keep up and maintain R. S. 19, $ 2. partition fences between their own and the next adjoining enclosures, in 4 Met. 589.

equal shares. 4 Gray, 220. SECT. 3. If a party refuses or neglects to repair or rebuild a partiProceedings tion fence which he ought to maintain, the aggrieved party may comwhen a party neglects, &c. plain to two or more fence viewers of the place, who after due notice to R. S. 19, $ 3.

each party shall survey the same, and if they determine that the fence is insufficient, they shall signify the same in writing to the delinquent occupant, and direct him to repair or rebuild the same within such

2 Met. 180.

14 Pick, 276. 11 Met. 496.

11 Cush. 450.

time as they judge reasonable, not exceeding fifteen days; and if the fence shall not be repaired or rebuilt accordingly, the complainant may make or repair the same.

SECT. 4. When a deficient fence built up or repaired by a complain- Remedy against ant as provided in the preceding section is after due notice to each adjoining ownparty adjudged sufficient by two or more of the fence viewers, and the pairing, &c., devalue thereof with their fees ascertained by a certificate under their R. S. 19, $ 4. hands, the complainant may demand, either of the occupant or owner 1852, 312, of the land where the fence was deficient, double the sum so ascer- 5 Pick. 603. tained; and in case of neglect or refusal to pay the same so due, for 14 Pick. 276. one month after demand, he may recover the same with interest at one per cent. a month, in an action of contract.

Sect. 5. When a controversy arises about the rights of the respec- Controversies tive occupants in partition fences and their obligation to maintain the between parties same, either party may apply to two or more fence viewers of the places &c., how deter" where the lands lie, who after due notice to each party may in writing R.S. 19, $ 5. assign to each his share thereof, and direct the time within which each 11 Met. 406. party shall erect or repair his share, in the manner before provided; which assignment, being recorded in the city or town clerk's office, shall be binding upon the parties and upon the succeeding occupants of the lands; who shall thereafter maintain their respective parts of said fence.

SECT. 6. If a party refuses or neglects to erect and maintain the Double dampart of a fence assigned to him by the fence viewers, the same may inges, no case: &o. the manner before provided be erected and maintained by any aggrieved 11 Met. 406. party; and he shall be entitled to double the value thereof ascertained and recovered in the manner aforesaid.

SECT. 7. When in a controversy between adjoining occupants as to Fence viewers their respective rights in a partition fence, it appears to the fence menys aider comviewers that either of the occupants had before any complaint made to repairing more them voluntarily erected the whole fence, or more than his just share of R. S. 19, 37. the same, or otherwise become proprietor thereof, the other occupant 11 Pick: 276. shall pay the value of so much thereof as may be assigned to him to repair or maintain, to be ascertained and recovered as provided in this chapter.

SECT. 8. Partition fences shall be kept in good repair throughout Partition fenthe year, unless the occupants of the lands on both sides shall otherwise ces, how kept. agree.

Sect. 9. When lands of different persons which are required to be fenced, are bounded upon or divided from each other, by a river, brook, when lands are pond, or creek, if the occupant of the land on one side refuses or neg- bounded by walects to join with the occupant of the land on the other side in making R. s. 19, $ 9. a partition fence on the one side or the other, or shall disagree respecting the same, then two or more fence viewers of the place or places wherein such lands lie, on application made to them, shall forthwith view such river, brook, pond, or creek; and if they determine the same not to answer the purpose of a sufficient fence, and that it is impracticable to fence on the true boundary line without unreasonable expense, they shall, after giving notice to the parties to be present, determine how, or on which side thereof, the fence shall be set up and maintained, or whether partly on the one side and partly on the other side, as to them shall appear just, and shall reduce their determination to writing; and if either of the parties refuses or neglects to make and maintain his part of the fence according to the determination of the fence viewers, the same may be made and maintained as before provided, and the delinquent party shall be subject to the same costs and charges to be recovered in like manner.

Sect. 10. When lands belonging to two persons in severalty have Where lands been occupied in common without a partition fence between them,

and have been im, one of the occupants desires to occupy his part in severalty, and the partition fences,

, $

how and where made

11 Met. 406.

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