point enginemen for the violation thereof, not exceeding twenty dollars for each offence. Engineers to ap- power of, and liability of dis acts. SECT. 41. Engineers shall have and exercise the same powers and authority relative to the extinguishment of fires, and the demolishing trict for their of buildings for that purpose within the district, as firewards of towns; 1844, 152, § 9. and the inhabitants of districts shall be liable for acts done by such 1864, 159. engineers, or by their orders, in the same manner as towns are liable for 104 Mass. 94. acts done by firewards. Compensation. SECT. 42. Engineers and other members of the fire department of Privileges, &c. such district shall have the immunities and privileges of firewards and 1844, 152, §§ 10, enginemen of towns, and shall receive such compensation as the district 14. determines. Money raised to committee, to be chosen, &c. 1870, 332. SECT. 43. Such districts may, at meetings called for the purpose, be under charge raise money for the purchase of engines and other articles necessary for of prudential the extinguishment of fires, for the purchase of land and erection and repairs of necessary buildings, and other incidental expenses of the fire department. They shall choose a prudential committee, who shall 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. collection of money voted to be raised by fire 1844, 152, § 13. 11 Met. 374. SECT. 44. The clerk shall certify to the assessors of the town all Assessment and sums of money voted to be raised by the district, which shall be assessed and collected by the officers of the town in the same manner that the town taxes are assessed and collected, and be paid over to the treasurer, who shall hold the same subject to the order of the pru- 1870, 332. dential committee. The assessors, treasurer, and collector, of any town 1874, in which such district is organized shall have the powers and perform the duties in reference to the assessment and collection of the money 1876 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 voted shall be assessed upon the property real and personal within the district. 15184 114 ing penalties, to 1844, 152, § 15. recovered, &c. 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 be approved. 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 1839, 135. engineer and appropriated to pay the expenses of the fire department 1841, 152, §§ 8, of the district, or on complaint or indictment to the use of the com- 1852, 312. monwealth. If the chief engineer shall die, resign, or remove, during 1870, 332. the pendency of such suit, it shall not abate, but his successor shall be Suit not to abate, admitted to prosecute it. No inhabitant of the district shall be disqualified 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 alter the limits thereof so as to include any adjacent territory and its inhabitants, if the 15. &c. District may particular per alter the limits thereof said territory have petitioned therefor, set- sons, or estates. 1845, 237, § 1. 1870, 52 ting forth the limits of the territory to be annexed; or exclude any fore organized. 18755122 SPECIAL PROVISIONS. SECT. 49. No association, society, or club, organized as firemen, shall be established, unless, &c. 1855, 161, § 1. Penalty for join 1855, 161, § 2. be allowed in any city or town except by the written permission of the mayor and aldermen or selectmen. SECT. 50. Whoever joins, belongs to, or assembles with, such assoing without per ciation, society, or club, existing without such permission, shall be 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. SECT. 51. The provisions of the two preceding sections shall be in force in those cities and towns only which have adopted or may adopt the same. What shall be a legal fence. R. S. 19, § 1. 98 Mass. 560. Adjoining occupants to maintain fences. R. S. 19, § 2. 2 Met. 180. 4 Met. 589. 4 Gray, 220. Proceedings when a party neglects, &c. R. S. 19, § 3. 14 Pick. 276. 11 Met. 496. 6 Allen, 437. SECTION CHAPTER 25. OF FENCES AND FENCE VIEWERS, POUNDS, AND FIELD DRIVERS. FENCES. 12. When one party lays open enclosed lands, the 34. town 15. Where water fence is necessary, how made. 35. Beasts escaped or rescued, may be retaken. 36. Penalty for rescuing beasts distrained 37. Legality of distress to be tried only by replevin. 38. Rams and he goats, when not to go at large. FENCES. [See 1863, 190; 1870, 376.] SECTION 1. Fences four feet high and in good repair, consisting of rails, timber, boards, or stone, and brooks, rivers, ponds, creeks, ditches, 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. SECT. 2. The respective occupants of lands enclosed with fences, shall so long as both parties improve the same keep up and maintain partition fences between their own and the next adjoining enclosures, in equal shares. SECT. 3. If a party refuses or neglects to repair or rebuild a partition fence which he ought to maintain, the aggrieved party may complain to two or more fence viewers of the place, who after due notice to 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 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. adjoining owner, fence. 1852, 312. 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 &c., for repairparty adjudged sufficient by two or more of the fence viewers, and the ing, &c., deficient value 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 6 Mass. 95. of the land where the fence was deficient, double the sum so ascertained; and in case of neglect or refusal to pay the same so due, for one month after demand, he may recover the same with interest at one per cent. a month, in an action of contract. 5 Pick. 503. 14 Pick. 276. See 1863, 190. 1870, 376. 6 Allen, 437. Controversies between parties mined. 11 Met. 496. SECT. 5. When a controversy arises about the rights of the respective occupants in partition fences and their obligation to maintain the about repairing, same, either party may apply to two or more fence viewers of the places &c., how deterwhere 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 Cush 450. 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 damages part of a fence assigned to him by the fence viewers, the same may in R. S. 19, § 6. the manner before provided be erected and maintained by any aggrieved 11 Met. 496. party; and he shall be entitled to double the value thereof ascertained and recovered in the manner aforesaid. in case, &c. may order com pensation for repairing more R. S. 19, § 7. 11 Met. 496. than just share. 14 Pick. 276. 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 viewers that either of the occupants had before any complaint made to them voluntarily erected the whole fence, or more than his just share of the same, or otherwise become proprietor thereof, the other occupant 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 fences, the year, unless the occupants of the lands on both sides shall otherwise R. S. 19, § 8. how kept. how and where made when lands are bounded by water. 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, pond, or creek, if the occupant of the land on one side refuses or neg- RS. 19, § 9. lects to join with the occupant of the land on the other side in making 11 Met. 496. 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 been occupied in common without a partition fence between them, and one of the occupants desires to occupy his part in severalty, and the Where lands have without partition been improved fences, division may be made. R. S. 19, § 10. 1863, 190. 1870, 376. Fences to be maintained by agreement of parties or assign viewers. Lands ment of fence may be laid common by giving notice. R. S. 19, § 15. 1 Cush. 15. When one party lays open en closed lands, the chase right in Where unim enclosed, &c., other occupant refuses or neglects on demand to divide the line where the fence ought to be built, or to build a sufficient fence on his part of the line when divided, the party desiring it may have the same divided and assigned by two or more fence viewers of the same place in the manner provided in this chapter; and the fence viewers may in writing assign a reasonable time. having regard to the season of the year, for making the fence; and if the occupant complained of does not make his part of the fence within the time so assigned, the other party may, after having made up his part of the fence, make up the part of the other, and recover therefor double the expense thereof, together with the fees of the fence viewers, in the manner provided in this chapter. SECT. 11. Where a division of fence between the owners of improved lands has been made either by fence viewers or under an agreement in writing between the parties, recorded in the office of the clerk of the city or town, the several owners of such lands and their heirs and assigns shall erect and support said fences agreeably to such division; but if a person lays his lands common and determines not to improve any part of the same adjoining the fence divided as aforesaid, and gives six months' notice of his determination to all the adjoining occupants of lands, he shall not be required to keep up or support said fence during the time that his lands lie common and unimproved. SECT. 12. When one party ceases to improve his land or lays open his enclosure, he shall not take away any part of the partition fence beother may pur- longing to him and adjoining to the next enclosure, provided the owner or occupant thereof will allow and pay therefor so much as two or more fence viewers in writing determine to be the reasonable value thereof. SECT. 13. When land which has lain unenclosed is afterwards enproved lands are closed or used for depasturing, the occupant or owner thereof shall pay for one-half of each partition fence standing upon the line between the same land and the land of the enclosures of any other occupant or owner, the value thereof to be ascertained in writing (in case they do not agree between themselves,) by two or more of the fence viewers of the same place wherein such partition fence stands; and if such occupant or owner, after the value has been so ascertained, neglects or refuses, for thirty days after demand made, to pay for one-half of the partition fence, the proprietor of the fence may maintain an action of contract for such value, and the costs of ascertaining the same; but the occupant or owner of unenclosed land on the island of Nantucket, used for depasturing only, shall not be subject to the foregoing provisions of this section. 1 Cush. 11. Fence viewers, when fences are on town lines. R. S. 19, § 13. Water fences, how made. R. S. 19, § 14. 11 Met. 496. Penalty for fence viewer's neglect of duty. R. S. 19, § 17. 1839, 135. Fees of fence viewers. SECT. 14. Where the line upon which a partition fence is to be made or divided is the boundary line of one or more cities or towns, or partly in one and partly in another, a fence viewer shall be taken from each place. SECT. 15. When a water fence, or fence running into the water, is necessary to be made, the same shall be done in equal shares unless otherwise agreed by the parties; and in case either party refuses or neglects to make or maintain the share to him belonging, similar proceedings shall be had as in other cases of the like kind respecting other fences before mentioned. SECT. 16. Any fence viewer duly chosen and sworn who when requested unreasonably neglects to view a fence, or to perform any other duties required of him in this chapter, shall forfeit five dollars, to be recovered by action of tort to the use of the place, or on complaint to the use of the commonwealth, and he shall also be liable for all damages to the party injured. SECT. 17. Each fence viewer shall be paid by the person employing how recovered. him at the rate of two dollars a day for the time he is so employed; and if such person neglects to pay him within thirty days after the service has been performed, he may recover in an action of tort double the amount of such fees. R. S. 19, § 18 1852, 312. POUNDS AND IMPOUNDING OF CATTLE; FIELD DRIVERS. [See 1869, 366.] towns. SECT. 18. Each city and town shall at its own expense and in such Pounds to be places therein as the city council of the city or the inhabitants of the provided by town direct, maintain one or more sufficient pounds. A city or town Penalty for negthat for three months neglects to provide or maintain a sufficient pound, R. S. 19, §§ 19, shall forfeit fifty dollars. leet. 20. 1848, 272. 6 Allen, 408. juring pounds. SECT. 19. Whoever wilfully injures a city or town pound, shall be Penalty for inpunished by fine not exceeding fifty dollars or by imprisonment in the RS. 19, § 24. common jail not exceeding ninety days. SECT. 20. Each city and town shall annually appoint a suitable Pound keeper. keeper of each pound therein. R. S. 19, § 21. Beasts going at keeper to be taken up. &c. 1852, 512 large without R. S. 19. § 22. 21 Pick. 187. 23 Pick. 251. 12 Met. 193. Gray, 314, 345. 2 Gray, 180. 4 3 Allen, 39. to be impounded. 5 Cush. 263. SECT. 21. Every field driver within his city or town, shall take up at any time, swine, sheep, horses, asses, mules, goats, or neat cattle, going at large in the public highways or townways or on common and unimproved lands, and not under the care of a keeper; and for any such cattle or beasts so going at large on the Lord's day, the field driver or any other inhabitant of the city or town may in an action of tort recover for each beast the same fees which the field driver is entitled to receive for like beasts when distrained and impounded. 16 Gray, 265. 1 Allen, 270. SECT. 22. When beasts are so taken up and distrained by a field driver, they shall be forthwith impounded in the city or town pound, and the keeper shall furnish them with suitable food and water while R. S. 113, § 1. they are detained in his custody. SECT. 23. The field driver shall be entitled to fifty cents per head Fees of field for horses, asses, mules, and neat cattle, and ten cents per head for keeper. sheep, goats, and swine, so taken up by him, and the pound keeper R. S. 113, $2. shall be entitled to four cents per head for the animals so impounded; but if more than ten sheep are taken up at the same time, the fees for all above that number shall be only one-half of the above fees. SECT. 24. The pound keeper shall not deliver to the owner any beasts so impounded, until the owner pays him his fees, the expense of R. S. 113, $3. keeping the beasts, and the fees of the field driver, which latter when 21 Pick. 181. received he shall pay to the field driver. 12 Cush. 98, 103 4 Gray 312. driver and pound See 1863, 178. to be paid by owner of beasts. damage, may be R. S. 113, § 4. SECT. 25. When a person is injured in his land by sheep, swine, Beasts doing horses, asses, mules, goats, or neat cattle, he may recover his damages distrained in an action of tort against the owner of the beasts, or by distraining 2, 312 the beasts doing the damage, and proceeding therewith as hereinafter 5 Greenl. 356. directed; but if the beasts were lawfully on the adjoining lands and 16 Mass. 37. escape therefrom in consequence of the neglect of the person who suf- 4 Met. 589 fered the damage to maintain his part of the division fence, the owner of the beasts shall not be liable for such damage. 6 Mass. 90. 13 Met. 407. to be impounded. 13 Met. 407. SECT. 26. The beasts so distrained for doing damage shall be impounded in the city or town pound, or in some suitable place, under Rs. 113, § 5. the immediate care and inspection of the person who distrained them, and he shall furnish them with suitable food and water while they remain impounded. SECT. 27. If the beasts are impounded in the city or town pound, Person distraining to state the distrainer shall leave with the pound keeper a memorandum in demand. writing under his hand stating the cause of impounding, and the sum 21 Pick. 187. R. S. 113 $6. that he demands from the owner for the damage done by the beasts, 23 Pick. 251. and also for the daily charges of feeding them; and if they are im- 13 Met. 407. pounded in any other place, he shall give a like memorandum to the owner of the beasts if demanded by him. SECT. 28. The pound keeper, when the beasts are in his custody, shall not deliver them to the owner until the owner pays him his fees, the sum so demanded by the distrainer for the damages and charges aforesaid, the expense of advertising the beasts if they are advertised, and all other legal costs and expenses. |