Proprietors

and defend

and attornies;

---and at any

may raise mon

jes for the pur poses of the propriety;

proprietary rights in com. mon

it shall so happen that any matter remains doubtful after a vote, the moderator is hereby directed and required to cause the same to be decided by the poll, if any one or more desire it; such polls to be numbered according to their inter

est.

SEC. 3. Be it further enacted, That it shall and may be may prosecute lawful for all proprietors in common and undivided lands, suits by agents grants and other real estate, or interests whatsoever, to sue, commence and prosecute any suits or actions in any Court proper to try the same, either by themselves, or their agents, or attornies; and in like manner to defend all such suits and actions as shall be commenced against them or any of them. SEC. 4. Be it further enacted, That it shall and may be legal meeting lawful to and for the proprietors of any common and undivided lands or other real estate, or the major part of them according to the interest of the proprietors present, by themselves or their lawful attornies, at any legal meeting to vote, grant or order the raising of any suitable sum or sums of money, that shall by them be thought sufficient for bringing forward, completing the settlement of, or managing or improving such lands and estate, and to carry on and prosecute or defend any actions or suits that may be brought by or against them; or for carrying on, managing, or effecting any and assess the other affair for the common good of such proprietors; and to levy and apportion such sum or sums, (raised for the ends and uses aforesaid,) upon the proprietors' several rights in such common and undivided lands or estates, equally and ratably, according to their several interests therein. If assessments And every proprietor who shall neglect to pay to the collecare not paid tor or treasurer, or committee of such propriety, his proporwithin the times appoint- tion of such sum or sums of money as have been, or from time to time shall be duly granted and voted to be raised and levied upon the proprietors' rights and shares in such lands and estates, for the space of six months, with respect to those and after due who live within this State, and twelve months with respect to those who live out of it, after such grant, and his or their proportion thereof shall have been posted and published in the several newspapers as in the case of notifications as aforeCommittee said, then the committee of the proprietors, or the major tion so mich part of such committee, may and are hereby fully empoweras necessary of ed from time to time, at a public vendue, to sell and convey prietors' rights, away so much of such delinquent proprietor's right or share in such common land or estate as will be sufficient to pay and satisfy his tax or proportion of such grant, and all reasonable charges attending such sale, to any person that will give Notice of such most for the same, notice of such sale and of the time and sale being pre place thereof being given by posting as aforesaid, and pubviously given. lishing the same in at least two of the newspapers aforeMode of notice. said, five weeks successively before the time of such sale; Ty give deeds and may execute a good deed or deeds of conveyance of the

ed,

notice,

insy sell at auc

delinquent pro

&c.

Committee

&c.

redeem within

lands or estate so sold unto the purchaser thereof, to hold in fee simple: Provided nevertheless, That the proprietor or Proprietor may proprietors whose right or share shall be so sold, shall 12 months. have liberty to redeem the same at any time within twelve months after such sale, by paying the sum such right or Terms of reshare sold for, and charges, together with the further sum of demption. twelve dollars for each hundred dollars produced by such sale, and so pro rata for any less or greater sum.

Collectors to

Justice,

ator in case, &c.

SEC. 5. Be it further enacted, That the treasurer, asses- Treasurer, sors, collector or collectors, which at any time may be chos- Assessors, and en by the proprietors of any common and undivided lands or be sworn by a other real estate, shall be sworn before a Justice of the Peace to the faithful discharge of their respective trusts, and in case no Justice of the Peace shall be present at the meeting of such proprietors, then any, or all the officers directed or by a moderto be sworn by this Act, may be sworn by the moderator; and such treasurer is hereby empowered to demand, sue for, Treasurer may recover and receive all such sums of money, debts and dues, due proprie as shall at any time belong to the said proprietors, or be any tors, &c. ways due or coming to them, and make payment thereof according as he shall be lawfully ordered and directed by the proprietors, and render his reasonable account thereof on demand; and such treasurer shall continue in his office till the proprietors shall see cause to choose another.

collect debts

dispose of their

vote by attor

SEC. 6. Be it further enacted, That the proprietors of such Proprietors undivided land or estate, where the same hath been hereto- may divide ard fore stated and each one's proportion known, shall be, and lauds, &c. hereby are empowered to order, manage, improve, divide, or dispose of the same in such way and manner as shall be concluded and agreed upon by the major part of the interested present at any legal meeting, the votes to be collected and accounted according to the interest. And any proprie- Proprietor may tor may vote as well by attorney specially appointed for that ney. purpose, as in person: And the proprietors of all such undivided lands and estate not stated, nor the proportions known as aforesaid, shall be, and hereby are empowered to order, manage, improve, divide or dispose of the same, as hath been or shall be concluded and agreed on by the major part in number of such proprietors present at any such meeting: Provided always, That the meetings of proprietors that may meetings holdbe notified, or which may hereafter be held by adjournment en by adjourn or adjournments agreeable to former laws, shall not be affected by the passing of this Act: But such meetings and the transactions regularly made thereat shall be as valid to every intent and purpose as though this Act had never been made.

Saving as to

ment.

vision-last

SEC. 7. Be it further enacted, That notwithstanding the After final difinal division of any lands, wharves or other real estate lying proprietors to in common, and which had been, or shall have been held continue a cor and improved as a proprietary, the last proprietors or hold

poration, &c.

until their

debts are paid

and be liable to

fore such divis

ion,

-may call and

and transact business

shall not so

years.

Proprietors

may avail

ers in common, shall continue in their corporate capacity, and collected, until all debts and taxes due, to such proprietary, are collected and received, and until all their contracts and agreements, made prior to such final division, shall be performed; and are and shall be liable and capable, in and by the same name and capacity as before such division, to sue and be be sued as be sued, and by their agents to pursue and defend, in all matters and demands respecting such proprietary, until final judgment and execution; and shall and may call and hold hold meeting meetings, and choose all necessary officers, and may vote, assess, levy and collect all reasonable rates and assessments, in like manner, form and proportion, as before such division such proprietary could or might have done: Provided neverProvided they theless, That the proprietors aforesaid shall not continue to continue to act act in their corporate capacity for more than ten years after more than ten the final division of their lands or other real estate; nor shall any suit brought against them be sustained, unless commenc themselves of ed within six years from the time such right of action shall accrue; any thing in this Act to the contrary notwithstanding. SEC. 8. Be it further enacted, That the last clerk chosen by the proprietors of any common and undivided land, or other real estate in this State who are or have been, or may hereafter be empowered by law to hold meetings, choose a clerk and other officers, shall continue to execute the office of clerk to which he was appointed, notwithstanding the final and total division of such lands and estate, as fully, to all intents, constructions and purposes whatsoever, as though there had been no such division made, and until the same records shall be lodged with the clerk of the town in which the land lies; and when the lands lie in several towns, they may be lodged with the clerk of such town, as the Court of Sessions, upon application to them made for that purpose, shall order and direct; and the clerk with whom they may be lodged, and his successors in office shall be fully authorized to authenticate copies thereof, any copies therefrom, as from the records of the town of which he is clerk.

statute of limitations.

Clerk last

chosen to con.

tinue in office

until records

are lodged with

town clerk.

When lands lie

in several towns

Court of Ses

sions to decide

with what clerk

they shall be lodged;

which clerk

may certify

Proprietors

may in certain cases recall

their records-

to make a rec

ceedings.

SEC. 9. Be it further enacted, That where, after such final division of any lands or other real estate, which have been or shall have been held as a proprietary, the proprietors and cause clerk making such division have ordered and delivered or shall ord of their pro- order and deliver the record of their proprietary into the custody of the town clerk in which such land or other real estate, or part thereof, may lie; the proprietors who shall hold any meeting for the purposes before mentioned, may recall the said record, and may cause the clerk then appointted, and sworn, or the town clerk to whom such records, have been committed, to record all votes and proceedings which shall be had at any meeting as aforesaid and copies of the same may be certified as by law is provided for certifying any other part of such record.

[Approved March 15, 1821.]

CHAPTER XLIV.

An Act for regulating Fences, and general and common Fields.

fence viewers.

SEC. 1. BE it enacted by the Senate and House of Repre- choose annualsentatives in Legislature assembled, That in every town with-ly two or more in this State, there shall be chosen annually by the inhabitants thereof, at the time of their meeting for the choice of town officers, two or more judicious and discreet freeholders, being inhabitants of the same town, to be Fence Viewers, to be sworn as other town officers are sworn, to the faithful discharge of the duties of their office.

considered as

Occupants of

maintain parti

SEC. 2. Be it further enacted, That all fences of four feet What shall be high, and in good repair, consisting of rails, timber, boards, legal fences. or stone walls; and also brooks, rivers, ponds, creeks, ditches and hedges, or other matter or thing equivalent thereto, in the judgment of the Fence Viewers, within whose jurisdiction the same shall lie, shall be accounted legal and sufficient fences; and the respective occupants of lands inclosed adjoining in with fence, shall keep up and maintain partition fences be-losures to tween their and the next adjoining inclosures, in equal halves, tion fences. so long as both parties continue to improve the same; and Proceedings in case either party shall neglect or refuse to repair or re- case of neglect. build the fence, which of right he ought to maintain, the aggrieved party may forthwith apply to two or more Fence Viewers of such town, duly chosen and sworn, to survey the same; and upon their determination that the fence is insufficient, they shall signify the same in writing, to the occupant of the land, and direct him to repair or rebuild the same within six days; and if the same fence shall not be repaired or rebuilt within the said term of six days, it shall be lawful for the complainant, that improves the lands adjoining, to Party neglectmake up, amend or repair the deficiency; and when the ing, to pay same shall be completed and adjudged sufficient by two or double the admore of the Fence Viewers, and the value thereof, together with the Fence Viewers' fees ascertained in writing, the complainant shall have a right to demand and receive of the occupant, lessor or freeholder of the land where the fence was deficient, as aforesaid, at his election, double the sum thus ascertained as aforesaid, for the expense of amending, surveying and viewing the fence; and in case of neglect or refusal to make payment thereof, for the space of one calendar month after demand made of the person against whom he shall make his election, he may sue for and recover the same, and after one by a special action of the case in any Court proper to try suit and 12 per the same, and interest, one per cent. per month until judg cent. interest. ment shall be rendered therefor.

judged value,

month, liable to

Fence viewers

writing the

SEC. 3. Be it further enacted, That when any dispute shall to assign in arise about the respective occupant's right in partition fen- shares of parces, and his or their obligation to maintain the same, upon each occupant application made by either party to two or more Fence is to repair.

tition fences

be recorded.

Viewers of such town where the lands lie, they are hereby empowered, after due notice to each party, to attend at time and place if they see cause, to assign to each party his share thereof, in writing: which assignment, being recorded Assignment to in the 'Town Clerk's office, shall be binding upon such persons and the succeeding occupiers of the respective lands, and they obliged always thereafter to maintain their part of Proceedings in said fence: and in case any of the parties shall refuse, or to build or re- neglect to erect, keep up and maintain the part to such party assigned, the same may be done by the aggrieved party, in the manner before in this Act provided, and for which he shall be entitled to double the sum ascertained, in manner as Divisional fen aforesaid, and to be recovered in like manner. And all diin good repair visional fences between man and man shall be kept in good wise agreed. repair throughout the year, unless the occupiers of the lands on both sides shall otherwise agree.

case of refusal

pair.

ees to be kept

unless other

Fence viewers to decide in

on which side

of a stream a divisional fence

shall be built.

Proceedings in

case of negle to build fence

accordingly.

When persons

owning in sev eralty have im

mon, and one

SEC. 4. Be it further enacted, That when lands belonging to, or occupied by different persons, and subject to be fenced, are bounded upon, or divided from each other by any brook, pond or creek, which of itself is not a sufficient fence in the judgment of the Fence Viewers, and it is in their opinion impracticable, without unreasonable expense, for the partition fence to be made in the middle or other part thereof, being the true boundary line between them; if, in such case, the occupant of the land on one side shall refuse or neglect to join with the occupant of the land on the other side, in making a partition fence on one side or the other, or shall disagree respecting the same, then two or more Fence Viewers of the town or towns wherein such lands lie, on application to them made, shall forthwith view such brook, river, pond or creek; and, if they shall determine the same not to answer the purpose of a sufficient fence, and that it is impracticable to fence at the true boundary line; they shall judge and determine how, or on which side thereof the fence shall be set up and maintained, or whether partly on one side and partly on the other side, as to them shall appear just, and reduce such their determination to writing, having first given notice to the parties to be present at such assignment: and if either of the parties shall refuse or neg lect to make up and maintain the part of the fence to such party belonging, according to the Fence Viewers' determination in writing, as aforesaid, the same may be done and performed, as in this Act is before provided, and the delinquent party subject to the same costs and charges to be recovered in like manner.

SEC. 5. Be it further enacted, That where any lands belongproved in com- ing to two persons in severalty, shall have been improved in wishes to im- common, without a partition fence between them, and one of prove in sever the occupants shall be desirous to improve his part in severalecedings are to ty, and the other occupant shall refuse or neglect, on demand,

alty what pro

be bad.