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secretary of the state board of agriculture, receive copies of the report lications, &c. of said board and its other publications in proportion to the number of 1860, 203, § 2. their members and applications so made. Clubs receiving such benefits shall annually in October make returns to said secretary of the agricultural experiments made by them, and of the reports of their committees.

CHAPTER 67.

OF PROPRIETORS OF WHARVES, GENERAL FIELDS, AND REAL ESTATE

LYING IN COMMON.

SECTION

SECTION 1. Proprietors of common lands may be cor- 25. Choice of clerk, assessors, &c.; to be sworn. poration.

26. field drivers. 2. Justice may call meeting.

27. Proprietors may make regulations, &c. 3. Notice, &c., of first meeting.

28. of enclosed land not to vote. 4. Proprietors when assembled may organize, 29. trespassing, &c., to be liable as strangers.

30. may raise money. Remedy for over5. Tenure of offices.

assessment. 6. Clerk to be sworn. Duty of.

31. Clerk to issue warrant for collecting, &c. i. Treasurer, duty and power of.

32. Proprietor injured by beasts of stranger. 8. Proprietors may sue and be sued, &c. 33. Apportionment of fence, &c. 9. may make by-laws.

31. Proprietors when not to maintain fence. 10. Powers of moderator.

35. Expense of apportioning fence, &c. 11. of proprietors at legal meeting.

30. Proceedings when part of fence assigned is 12. Votes.

deficient. 13. Proprietors may raise money, &c.

37. Party neglecting to repair, liable to double 14. Assessments, how collected.

damages, &c. 15. Sale of shares to pay assessments.

38. Liability to repair in case of sudden de16. Owner of shares sold may redeem.

struction, &c. 17. When proprietors may sell, &c.

39. Any proprietor may enclose his land. 1. Aiter dissolution, records to be deposited, 40. Proprietors to run lines once in two years, &c.

&c. 19. Certain corporate powers, &c., to remain. 41. Superior court may order proprietors to 20. After division, meetings may be held, &c. fence land as general field.

42. Order not to be made, unless, &c. GENERAL FIELDS.

43. After order, proprietors to have powers as 21. Proprietors of general fields may hold if enclosed by consent. Theetings, &c.

4. Division may be made of general field by 22. Justice may issue warrant.

petition, &c. 2. Meetings, how notified.

45. Same subject. 24. Votes. Proxies.

46. Proprietors may discontinue general fields.

R.S. 43, $ 1.

.

R. S. 43, $ 2.

R. S. 13, $ 3.

Section 1. When lands, wharves, or other real estate, are held in Proprietors common by five or more proprietors, they may form themselves into a may be corpo. corporation in the manner and for the purposes hereinafter mentioned.

SECT. 2. Upon the application of five or more proprietors to a justice Justice may call of the peace, he shall issue his warrant to one of the applicants directing meeting. him to call a meeting of all the proprietors, and expressing in the warrant the time, place, occasion, and purpose, of the meeting. Sect. 3. The meeting shall be called by posting up a notice contain- Notice, &c., of

first meeting. ing the substance of the warrant, and signed by the person to whom the warrant is directed; which notice shall fourteen days at least before the meeting be posted up in one or more public places in the town, and published in a newspaper printed in the county where the estate lies. If there is no such paper then in a newspaper printed in some adjoining county.

SECT. 4. The proprietors when assembled pursuant to such notice Proprietors may, upon a vote of a majority in number and interest of the votes bled may organwhich all the proprietors could cast if present, proceed to organize ize, &c; themselves as a corporation under the provisions of this chapter; and R. S. 43, $ 4. they may thereupon choose a clerk, treasurer, collector, and such com

offices.

Clerk to be

laws.

erator.

mittees and other officers, as they think necessary for the management of their affairs, and may agree upon and direct the manner of calling

future meetings. Tenure of Sect. 5. All officers chosen by the proprietors shall hold their offices R. S. 43, $ 16.

until their successors are chosen and qualified.

Sect. 6. The clerk shall be sworn, and shall record all votes, orders, sworn. Duty and proceedings, of the proprietors, in books to be kept in his custoày R. S. 43, $ 14. for that purpose until they are delivered to the clerk of the city or

town as hereinafter provided. Treasurer, duty Sect. 7. The treasurer shall demand and receive all money due or and Passeris.f belonging to them, shall sue for and recover in his own name to their

use all fines and penalties incurred under sections nine and ten, shall pay out all money in his hands according to the order of the proprietors, and shall render his accounts thereof from time to time when

required. Proprietors SECT. 8. Such proprietors may sue and be sued and prosecute and me sue and be defend as a corporate body for any matters concerning their common R. S. 43, $ 12. property; and any action brought by them for trespass on their com

mon property may be pleaded in abatement or answered in bar of an action for the same trespass brought by them or any of them in their

individual capacity. may make by- SECT. 9. They may make by-laws not repugnant to the laws of the R. S. 43, § 11.

state for the orderly conducting of their business, with penalties for the breach thereof not exceeding three dollars for any one offence: provided, that such of them as have penalties annexed shall be approved

by the commissioners in the county where the estate lies. Power of mod- Sect. 10. The moderator presiding at any meeting of the proprieR. S. 43, $ 13.

tors shall have the same power as the moderator of a town meeting, except the power of confining or causing any person to be carried out of the meeting; and all persons who resist or disobey his orders shall be subject to the pecuniary penalties provided for the like offences at a

town meeting of proprietors Sect. 11. The proprietors may at a legal meeting exercise any of the at legal meet

powers granted to them in this chapter; but no business shall be acted on unless it is expressed in the notice for the meeting.

Sect. 12. Each proprietor shall be entitled to vote according to the R. S. 43, $ 6. number of his shares or the amount of his interest when the same is

known, and when not known, the proprietors shall vote equally. Ab

sent proprietors may vote by proxy authorized in writing. Proprietors Sect. 13. The proprietors may by vote adopt such measures as they may raise

think proper for managing, improving, or dividing, their common propR. S. 43, $7. erty, and for carrying on their business; and for this purpose they may

raise money by assessments on the proprietors in proportion to their

respective rights and interests in the property. Assessments,

Sect. 14. If a proprietor neglects to pay the sum so assessed on him how collected. for the space of six months after demand therefor by the collector or

other proper officer, or after a notice of such assessment posted and published in the manner before prescribed for the first meeting, the committee of the proprietors or other officers authorized by them for that purpose, may sell by public auction so much of the right or share of such proprietor as is sufficient to pay the sum so due from him with all the reasonable charges of the sale, and shall give to the purchaser

a deed of the part so sold. Sale of shares Sect. 15. No such sale shall be made until notice is given of the to pay assess

time and place appointed therefor by posting and publishing the same R. S. 43, § 9.

in the manner before provided for notifying the first meeting, thirty days at least before the time appointed for the sale.

SECT. 16. The proprietor of the share or part sold may, at any time sbares sold may within one year after the sale, redeem the same by paying to the pur

ing

R. S. 43, $5.

Votes.

money, &c.

5 Greenl. 164. 7 Greenl. 404. 2 Mass. 475. 10 Mass. 5.

S. 4 Greenl. 237.

ments.

Owner of

&c.

chaser or his assigns the sum for which it was sold with interest at the R. S. 43, § 10. rate of twelve

per cent. a year from the time of the sale. Sect. 17. When the proprietors are ten or more in number, they When propriemay, upon a vote of more than two-thirds both in number and interest tors may sell, at any legal meeting, sell such estate and divide the proceeds thereof, 1837, 180. and not otherwise. Sect. 18. After the final division of their common property the

pro- After dissolu; prietors may cause their records to be deposited with the clerk of the be deposited, city or town in which the land or any part of it lies; and the clerk may

R. S. 43, $ 17. make and certify copies from the records in like manner as the clerk of the proprietors might have done.

Sect. 19. A final division of the common property shall not dissolve Certain corpothe corporation until the expiration of ten years thereafter; but the dec., to remain. persons who were members and proprietors at the time of the division, R. $. 43, § 18. and their respective heirs, shall retain their corporate powers for the purpose of collecting all taxes, debts, and effects, due or belonging to the

corporation, and shall be liable to pay all its debts.

Secr. 20. The proprietors may, after such division and within ten After division, years, call and hold meetings and vote and raise money by assessments he held, &c. as before provided for the payment of their debts and

all other charges R. S.43, 19. and demands against them, and may do all other lawful acts necessary for closing their business.

GENERAL FIELDS. Sect. 21. When several distinct lots or pieces of land are enclosed Proprietors of and fenced in one common field, or when all the proprietors of such rene nadleldee lands agree to enclose them in that manner, the proprietors if not less ings, &c.

R: s. 43, $ 20. than five in number may in the manner hereinafter provided hold regular meetings from time to time for the purpose of managing their common concerns. SECT. 22. Upon the application of two or more proprietors to a Justice may

. justice of the peace, he shall issue his warrant to one of the applicants R. S. 43, $ 21. directing him to call a meeting of the proprietors and expressing in the 3 Gray, 487. warrant the time, place, and purpose, of the meeting.

Sect. 23. The meeting shall be called either in the manner pre- Meetings, how scribed in this chapter for calling meetings of tenants in common, or by R. S. 43, $22. personal notice served on each proprietor fourteen days at least before the time appointed for the meeting.

SECT. 24. Each proprietor may vote according to the relative Votes. Proxamount or value of his interest, when known; and when not known, R. S. 43, § 23. the proprietors shall vote equally. Absent proprietors may vote by proxy authorized in writing.

Sect. 25. The proprietors may from time to time choose a clerk, Choice of clerk, three or more assessors, a collector, and such other officers as they find assessors, &c.; necessary; all of whom shall continue in office until removed by the R. S. 43, $ 24. proprietors or until their successors are chosen and qualified; and the clerk and assessors shall be sworn. SECT. 26. They may choose one or more field drivers, who shall

R. S. 43, § 34. have and exercise the same powers with respect to the general fields that are exercised by field drivers chosen by a town.

Sect. 27. They may adopt such rules as to pasturing the lands and Proprietor may other matters in which they have a common interest as they think just tions, &e. and equitable and most for the general good; but in all other respects, R. S. 43, $ 27. each proprietor may manage and cultivate his land as he thinks best.

SECT. 28. At meetings of proprietors for adopting rules or regu. lations as to pasturing, where a proprietor's land is enclosed for his land not to exclusive benefit, it shall not be valued or reckoned in determining his 1856, 216. right to vote on questions relating to pasturing his lands.

Szct. 29. If a proprietor puts into the general field any horses, trespassing,

field drivers.

of enclosed

as strangers.

over assess. ment.

warrant for col

R. S. 43, § 26.
See Ch. 12.

&c., to be liable cattle, or other beasts, contrary to the regulations of the proprietors, R. S. 43, $ 35.

either by putting in more than the number allowed him, or before the day fixed for that purpose, or by keeping them therein longer than the time limited, he shall be considered a trespasser, and his beasts may be impounded as taken doing damage, in like manner as if he owned no

land in the general field. Proprietors Sect. 30. The proprietors may raise money from time to time for may raise money.

defraying their common charges and managing their affairs, which Remedy for money shall be assessed by the assessors upon the several proprietors

in proportion to their respective interests; and any proprietor who R. S. 43, $ 25. thinks himself overrated in such assessment may apply for relief to the

county commissioners, who shall hear and determine the case, and

whose judgment thereon shall be final. Clerk to issue Sect. 31. The clerk shall issue his warrant to the collector, re

quiring him to collect all sums so assessed and to pay over the same lecting, &c.

to the clerk or other proper officer according to the orders of the proprietors. The collector shall collect said sums in the same manner as

collectors of towns are authorized to collect town taxes. Proprietor in- SECT. 32. If a proprietor is injured in his lands by the beasts of a jured by beasts stranger, he shall have the same remedy therefor as if his land had R. S. 43, 837. been enclosed and used separately. Apportionment

SECT. 33. The whole fence enclosing such general field shall, so far of fence, &c.

as it may be found convenient, be apportioned among the proprietors R. S. 43, $ 28.

according to the number of acres held and cultivated or otherwise used by each one; and the part to be maintained by each proprietor shall be set out and assigned to him by any two or more fence-viewers, unless the proprietors agree on an apportionment of the fence among themselves. In all cases the proportion of fence so assigned to each proprietor shall be recorded by the clerk in the books of the proprietors; and where there is no clerk, the record shall be made by the clerk of

the city or town in which the general field is situated. Proprietors SECT. 34. So long as a proprietor declines to cultivate his land, or when not to maintain fence.

to use it for pasturing, the growth of wood, or otherwise, he shall not R. S. 43, § 29. be required to maintain any part of the fence, nor to pay any tax or

assessment on account of his land. Expense of ap Sect. 35. The expense of apportioning the fence and also of portioning fence, &c.

making and maintaining such part thereof as cannot be conveniently R. S. 43, § 30. and justly assigned to any one proprietor, shall be borne by all the

proprietors liable to be taxed, in proportion to their respective interests; and the part assigned to each proprietor shall be made and maintained by himself so long as he uses his part of the general field for

pasturing, planting, mowing, or otherwise. Proceedings Sect. 36. If the part of the fence assigned to a proprietor becomes when part of fence assigned

deficient and he does not repair it within three days after notice of is deficient. such deficiency given him by a fence-viewer of the town, it may be R. S. 43, $ 31.

repaired by any other proprietor; and such repairs may be examined by any two or more fence-viewers, and if adjudged by them to be sufficient, they shall ascertain and determine the cost of the repairs and make a statement thereof and of the amount of their fees in writing

under their hands. Party neglect Sect. 37. The person making such repairs may demand of the liable to double proprietor bound to make them, or of the tenant holding under him, damages, &c. double the cost of the repairs and of the fees of the fence-viewers so R. S. 13, $ 32.

ascertained; and if the same is not paid within one month after notice

and demand, he may recover the same in an action of tort. Liability to re- Sect. 38.' If a part of the fence is suddenly blown down or carried sudden destruc- 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 R. S. 43, $ 33.

proprietor to whom that part of the fence was assigned shall be bound

1852, 312.

tion, &c.

to repair the same within twenty-four hours after notice thereof given him by a fence-viewer; and if he fails so to do, the fence may be repaired by any other proprietor, who may recover double the cost of the repairs and fees, in the manner provided in the preceding section.

SECT. 39. Any proprietor may enclose his land at his own expense; Any proprietor and so long as he keeps it enclosed with a sufficient fence, may culti- may enclose his vate and use it as he thinks fit; and during such period, so far as such R. S. 43, $ 36.

1855, 418, $ 1. enclosed land is concerned, he shall neither be assessed for any expenses incident to the common field, nor exercise any control over the portion thereof not enclosed.

Sect. 40. Every proprietor of land lying unfenced in a general Proprietors to field shall once in every two years, if requested by the owner of the run lines once adjoining land, run lines with such owner between their lots, and shall &c.

R. S. 43, § 38. make and keep up the boundaries between them by sufficient bound 1852, 312. stones, at their joint expense. If he fails so to do after seven days' notice by the adjoining owner, he shall forfeit two dollars, to be recovered by such adjoining owner to his own use in an action of tort.

SECT. 41. When five or more distinct lots or pieces of land are so Superior court situated as to render it for the interest of the proprietors to enclose prietorder prothem in one common field, the superior court for the county in which fence land as the land or any part of it lies may order it to be so enclosed, if upon a k. S. 43, 39. hearing of the parties it appears to the court to be for their common 1859, 196.. benefit.

SECT. 42. No such order shall be made unless upon the application Order not to be of the greater part in interest of the proprietors, and after due notice made unless, to all other persons interested and a full hearing thereon.

R. S. 43, $ 40. Sect. 43. After a common or general field is so established by an After order, order of the court, the further proceedings in relation thereto shall be proprietors to the same as are provided when a field is so enclosed by the consent of if enclosed by the proprietors; and the proprietors shall be entitled to the privileges R. S. 43, $ 41. and subject to the duties before provided in this chapter with respect to the proprietors of fields enclosed by consent.

SECT. 44. Three or more proprietors of lots in a general field lying Division may be within one general fence or enclosure may, by a petition in writing to field by petition, the proprietors of such field at any meeting of said proprietors legally &c.

R. S. 43, $ 43. warned for the purpose, request to have their lots either alone or jointly with any other lots in such field divided from the remainder of the field in order to be enclosed in one common fence and occupied by them as an entire field separately from the other proprietors. If the majority of proprietors in interest present at such meeting withhold or refuse their assent to such division, the superior court may upon the like application appoint five disinterested and suitable persons within the county where the general field is situated, to be a committee to make the division, if they deem it expedient, and to assign to each field its proportion of the partition fence which becomes necessary by reason of such division, to be kept up and maintained by the proprietors of the said general fields respectively.

SECT. 45. The committee shall as soon as may be after their appoint- Same subject. ment inake return of their doings under their hands to the court; and R. S. 43, § 43. 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 original field respectively shall be distinct and separate proprietary bodies, having like powers and privileges and subject to like duties and liabilities as the proprietors of the original general field before the division; but no order for such division shall be made, and no such committee shall be appointed, until the other proprietors have had notice of the petition for such division; which notice shall be given by serving the clerk of the proprietors with a copy of the petition thirty days at least before such order or appointment is made.

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