case of fires. R. S. 40, § 15. 104 Mass. 93. Warrants of distress for damages, as against railroad corporations. 1851, 289, § 1. 34. of expense, as much water as is necessary when a building is on fire therein: provided, that the conductors are so secured that water shall not be drawn therefrom unless for the purpose of extinguishing fires. SECT. 15. When, upon the application of a person who has sustained injury in his lands, or by the diversion of water, from the operations of an aqueduct corporation, damages have been assessed against such corporation by county commissioners or the verdict of a jury, in pursuance See Ch. 63, §§ 33, of authority conferred upon them by the act incorporating the company or otherwise, the commissioners may issue warrants of distress to compel payment of such damages with interest and costs, in the manner and with the limitations prescribed in relation to railroad corporations. SECT. 16. No such damages shall be recovered or allowed against a corporation, except for injuries sustained within three years next preceding the filing of the application to the county commissioners. Application, when to be filed. 1851, 289, § 2. Agricultural societies may be entitled to annual sum from the treasury, by, &c. R. S. 42, § 1. 1852, 246. Societies claiming 1347, 69, § 1. Bounty. R. S. 42, § 3. 1847, 69, § 2. Restriction on premiums. 1856, 181, § 1. 1859, 232, § 1. SECTION 1. Every incorporated agricultural society which has raised by contribution of individuals and put out at interest on public or private security, or invested in real estate, buildings, and appurtenances, for its use and accommodation, the sum of one thousand dollars, as a capital appropriated for the uses of the society, shall be entitled to receive in the month of October annually, out of the treasury of the commonwealth, the sum of two hundred dollars, and in that proportion annually for any greater sum so contributed and put at interest or invested; but no society shall receive from the treasury more than six hundred dollars in one year. SECT. 2. Every society which claims said bounty shall annually on or before the tenth day of December, file in the office of the secretary of the board of agriculture a certificate signed by its president and treasurer, specifying under oath the sum so actually contributed and put at interest or invested in real estate, buildings, or appurtenances, for its use and accommodation, and then held so invested, or well secured as a capital stock. SECT. 3. The amount of bounty to which a society is entitled for any year shall be ascertained by the certificate last filed by it under the preceding section. SECT. 4. (R.) [No society receiving the bounty shall distribute any part thereof for an animal or article for which a premium is awarded, unless it was produced within the limits of the society, or the animal has been substitute. owned and kept within its limits, by the person to whom the premium (R.) Repeal and is awarded, for three months next preceding the award. And no ani- 1865, 90. mal or article for which a premium has been awarded to the owners by any such society shall be considered a subject for any further premium of the society, except for qualities different from those for which the former premium was awarded, or for a higher premium, and no animal or article shall be offered for a premium at more than one such society in the same year; but nothing in this chapter shall affect, restrain, or limit, a competitor for premiums offered by the state board of agriculture or the Massachusetts Society for the Promotion of Agriculture to be awarded within the incorporated county agricultural societies, but such premiums shall be subject to the rules and regulations prescribed by said board or the trustees of said Massachusetts Society.] annual returns, R. S. 42, § 4. 1853, 127, § 1. SECT. 5. Every such society shall annually on or before the tenth Societies to make day of December make a full return of its doings, signed by its presi- with passages, dent and secretary, to the secretary of the board of agriculture, em- &c., marked. bracing a statement of the expenditure of all money, specifying the 1847, 69, 1. nature of the encouragement proposed by the society, the objects for 1852, 142, §4. which its premiums have been offered, and the persons to whom they See 1866, 189. have been awarded, and including all reports of committees and all 1869, 128. statements of experiments and cultivation regarded by the president 1874,182 and secretary as worthy of publication; and shall accompany the same with such general observations concerning the state of agriculture and manufactures in the state as it may deem important or useful. The return, whether in printed or manuscript form, shall be marked in such manner that those passages in the several reports and statements deemed by such officers most worthy of public notice, study, and application, may be easily distinguished. bounty. SECT. 6. A society which neglects in any year to comply with the Forfeiture of laws relating thereto, or with the regulations of the board of agriculture, shall not be entitled to the bounty of the state the year next succeeding. SECT. 7. Every society which receives said bounty shall offer annually, by way of premiums, or shall otherwise apply for the encouragement or improvement of agriculture or manufactures, a sum not less than the amount so annually received, and shall offer such premiums for agricultural experiments and in such manner as the state board of agriculture requires. SECT. 8. Every such society shall annually offer such premiums and encouragement for the raising and preserving of oaks and other forest trees, as to it seems proper and best adapted to perpetuate within the state an adequate supply of ship timber. 1847, 69, § 3. offered by socie- for trees for ship timber. R. S. 42, $6. interest. SECT. 9. All money offered for premiums which is not awarded or Surplus to be at paid shall be put out at interest and added to the capital stock of the R. S. 42, § 5. society. See 1865, 90. provisions apply. Cattle shows regulated. SECT. 10. The foregoing provisions shall not extend to an agricul- To what societies tural society incorporated for any territory less than a county, except R. s. 42, § 7. by special enactment for that purpose. SECT. 11. Incorporated agricultural societies may by their officers define and fix bounds of sufficient extent for the erection of their cattle pens and yards, and for convenient passage ways to and about the same, on the days of their cattle shows and exhibitions, and also for their ploughing matches and trials of working oxen; within which bounds no persons shall be permitted to enter or pass unless in conformity with the regulations of the officers of such societies. SECt. 12. Whoever contrary to the regulations, and after notice thereof, enters or passes within the bounds so fixed, shall forfeit a sum not exceeding five dollars. SECT. 13. The foregoing provisions shall not authorize a society to 6 588. Penalty. R. S. 42, § 9. 1847, 69, § 5. 378 R. S. 42, § 10. 6 Allen, 588. AGRICULTURAL, &c., ASSOCIATIONS; FARMERS' CLUBS. [ Limit of bounds. Occupy or include within such bounds the land of any perso his consent, nor to obstruct the public travel on any turnpike highway. Ten or more per a corporation. leges. 1853, 312. SECT. 14. The officers of each society may appoint a suffici ber of suitable persons, inhabitants of the county, to act as m cattle shows and exhibitions, who shall have and exercise all th of constables in relation to the preservation of the public peace service and execution of criminal process within the respecti where such shows and exhibitions are held, and which proces directed to them accordingly; and they shall exercise their off twelve o'clock at noon of the day preceding the commencemen shows and exhibitions until twelve o'clock at noon of the day ing the termination thereof, and no longer. SECT. 15. (R.) [No incorporated agricultural society shall premium for a field crop, without satisfactory evidence under o sented to its committee or other officers, that the whole merch crop entered for premium was weighed when harvested if a gras crop, and when threshed or husked if a grain or corn crop ; but s ety may require further modes of ascertaining the merchantable of product, either at the time of harvesting or at any other time SECT. 16. The agricultural societies shall commence their exhibitions as follows: Middlesex North, and Highland, on the last Thursday but September; Middlesex South, and Hampden East, on the last Tuesday bu September; Middlesex, and Hampden, on the last Thursday but one d tember; Essex, Worcester North, [and Berkshire,] on the last Tuesday tember; Housatonic, on the last Wednesday of September; Franklin, Worcester County West, and Norfolk, on the last day of September; Berkshire, Worcester, and Bristol, on the first Tuesday of ber; Hampshire, Hampden, and Franklin, Worcester South, and Ply on the first Thursday of October; Barnstable, on the second Tuesday of October; Nantucket, and Hampshire, on the second Thursday of October AGRICULTURAL, HORTICULTURAL, AND ORNAMENTAL TREE ASSOCIA SECT. 17. Ten or more persons in any county, city, or town, sons may become the state, who by agreement in writing associate for the purpose Powers and privi- couraging agriculture, horticulture, or for improving and orname the streets and public squares of any city or town by planting and vating ornamental trees therein, may become a corporation by name as they assume therefor, upon calling their first meeting and organized in the manner provided in sections ten and eleven of ch thirty-three; and shall thereupon during the pleasure of the legis have for their purposes all the rights, powers, and privileges give sections ten to thirteen of said chapter inclusive, and may hold rea personal estate not exceeding ten thousand dollars. Farmers' clubs FARMERS' CLUBS. SECT. 18. Farmers' clubs properly organized and holding re 31. Clerk to issue warrant for collecting, &c. 34. Proprietors when not to maintain fence. 35. Expense of apportioning fence, &c. 36. Proceedings when part of fence assigned is de- 37. Party neglecting to repair, liable to double 38. Liability to repair in case of sudden destruc- 39. Any proprietor may enclose his land. deposited, 40. Proprietors to run lines once in two years, meeting. ls, wharves, or other real estate, are held in Proprietors may be corporation. proprietors, they may form themselves into a R. S. 48, § 1. and for the purposes hereinafter mentioned. 10 Met. 408. 419. plication of five or more proprietors to a justice Justice may call e his warrant to one of the applicants directing RS. 43, § 2. all the proprietors, and expressing in the warsion, and purpose, of the meeting. shall be called by posting up a notice contain- Notice, &c., of first meeting. warrant, and signed by the person to whom R. S. 43, § 3. which notice shall fourteen days at least before in one or more public places in the town, and printed in the county where the estate lies. then in a newspaper printed in some adjoining Tenure of offices. Clerk to be S. 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. SECT. 5. All officers chosen by the proprietors shall hold their offices until their successors are chosen and qualified. SECT. 6. The clerk shall be sworn, and shall record all votes, orders, R. 5. 43,81 of and proceedings, of the proprietors, in books to be kept in his custody for that purpose until they are delivered to the clerk of the city or town as hereinafter provided. Treasurer, duty and powers of. R. S. 43, § 15. Proprietors may &c.; R. S. 43, § 12. SECT. 7. The treasurer shall demand and receive all money due or 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. SECT. 8. Such proprietors may sue and be sued and prosecute and que and be sued, defend as a corporate body for any matters concerning their commen 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 bylaws. R. S. 43, § 11. Power of moderator; R. S. 43, § 13. of proprietors at legal meeting. R. S. 43, § 5. Votes. R. S. 43, § 6. Proprietors may raise money, § 7. 5 Greenl. 164. SECT. 9. They may make by-laws not repugnant to the laws of the state for the orderly conducting of their business, with penalties for the breach thereof not exceeding three dollars for any one offence: pro vided, that such of them as have penalties annexed shall be approved by the commissioners in the county where the estate lies. SECT. 10. The moderator presiding at any meeting of the proprie 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. SECT. 11. The proprietors may at a legal meeting exercise any of the 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 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. SECT. 13. The proprietors may by vote adopt such measures as they R.S. 43, &c. think proper for managing, improving, or dividing, their common property, 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. 7 Greenl. 404. 2 Mass. 475. 10 Mass. 5. Assessments, how collected. R. S. 43, § 8. 4 Greenl. 237. Sale of shares to pay assessments. R. S. 43, § 9. Owner of shares sold may redeem. SECT. 14. If a proprietor neglects to pay the sum so assessed on him 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. SECT. 15. No such sale shall be made until notice is given of the time and place appointed therefor by posting and publishing the same 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 within one year after the sale, redeem the same by paying to the pur |