made. R. S. 19, § 10. division may be 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. Fences to be agreement of parties or assignment of SECT. 11. Where a division of fence between the owners of improved maintained by 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. fence viewers. When one par ty lays open en- closed lands, &c., party benefited shall pay, &c. R. S. 19, § 12. 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 R. S. 19, § 17. 1839, 135. 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 belonging 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 enclosed 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. 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 reneglect of duty. quested 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. Fees of fence viewers. how recov ered. R. S. 19, § 18. 1852, 312. SECT. 17. Each fence viewer shall be paid by the person employing 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. POUNDS AND IMPOUNDING OF CATTLE; FIELD DRIVERS. 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 neg that for three months neglects to provide or maintain a sufficient pound, R. S. 19, §§ 19, shall forfeit fifty dollars. lect. 20. 1848, 272. 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 juring pounds. common jail not exceeding ninety days. R. S. 19, § 24. SECT. 20. Each city and town shall annually appoint a suitable Pound keeper. keeper of each pound therein. R. S. 19, § 21. 1852, 312. SECT. 21. Every field driver within his city or town, shall take up Beasts going at at any time, swine, sheep, horses, asses, mules, goats, or neat cattle, going large without at large in the public highways or townways or on common and unim- taken up, &c. proved lands, and not under the care of a keeper; and for any such RS. 19, § 22. 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. 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 they are detained in his custody. SECT. 23. The field driver shall be entitled to fifty cents per head for horses, asses, mules, and neat cattle, and ten cents per head for sheep, goats, and swine, so taken up by him, and the pound keeper 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. 21 Pick. 187. 23 Pick. 251. 4 Gray, 314, 345. to be im- ch 3641869 pound, § 1. 5 Cush. 263. 4 Gray, 312. Fees of field pound keeper. to be paid by owner of beasts. 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. is1. received he shall pay to the field driver. SECT. 25. When a person is injured in his land by sheep, swine, horses, asses, mules, goats, or neat cattle, he may recover his damages in an action of tort against the owner of the beasts, or by distraining the beasts doing the damage, and proceeding therewith as hereinafter directed; but if the beasts were lawfully on the adjoining lands and escape therefrom in consequence of the neglect of the person who suffered the damage to maintain his part of the division fence, the owner of the beasts shall not be liable for such damage. distrained. Beasts doing 1852, 312. 16 Mass. 37. 4 R. S. 113, § 5. SECT. 26. The beasts so distrained for doing damage shall be im- to be impounded in the city or town pound, or in some suitable place, under the pounded. immediate care and inspection of the person who distrained them, and 13 Met. 407. he shall furnish them with suitable food and water while they remain impounded. mand. 21 Pick. 187. SECT. 27. If the beasts are impounded in the city or town pound, Person distrainthe distrainer shall leave with the pound keeper a memorandum in ing to state dewriting under his hand stating the cause of impounding, and the sum 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 impounded 2 Met. 193. in any other place, he shall give a like memorandum to the owner of the beasts if demanded by him. 13 Met. 407. delivered until SECT. 28. The pound keeper, when the beasts are in his custody, Beasts not to be shall not deliver them to the owner until the owner pays him his fees, costs, &c., are the sum so demanded by the distrainer for the damages and charges paid. aforesaid, the expense of advertising the beasts if they are advertised, and all other legal costs and expenses. R. S. 113, § 7. Notice to be or keeper. R. S. 113, § 8. 21 Pick. 187. SECT. 29. When beasts are impounded, the person impounding them given to owner shall within twenty-four hours thereafter give notice thereof in writing to the owner or person having the care of them, if known and living within six miles from the place of impounding, which notice shall be deliv 12 Met. 118, 198. ered to the party or left at his place of abode, and shall contain a description of the beasts and a statement of the time, place, and cause, of impounding. 23 Pick. 251. Cush. 2 Gray, 178. or posted up, and published in a newspaper, Sum due from owner, how de termined. R.S. 113, § 10. Same subject. R. S. 113, § 11. 21 Pick. 55. if not paid, beasts to be sold. SECT. 30. If there is no person entitled to notice according to the provisions of the preceding section, the person impounding the beasts shall within forty-eight hours thereafter cause to be posted in some public place in the city or town, and in a public place in each of any two adjoining cities or towns, if within four miles from the place where they were taken, a written notice containing a description of the beasts and a statement of the time, place, and cause, of impounding them; and in such case, if the value of the beasts exceeds thirty dollars, and if no person appears to claim them within seven days after the day of impounding, a like notice shall be published three weeks successively in some public newspaper if there is any published within twenty miles from the place of impounding, the first publication to be within fifteen days after the day of impounding. SECT. 31. If the owner or keeper of the beasts is dissatisfied with the claim of the person impounding them, he may have the amount for which he is liable ascertained and determined by two disinterested and discreet persons, to be appointed and sworn for that purpose by a justice of the peace or by the city or town clerk; and the sum so determined by them shall be received instead of the sum demanded by the person who impounded the beasts, and they shall thereupon be delivered to the owner or keeper thereof. SECT. 32. If the sum for which the beasts are impounded and detained is not paid within fourteen days after notice of the impounding has been given as before directed, or after the last publication of such notice in a newspaper, the person who impounded them shall apply to a justice of the peace, or to the city or town clerk, and obtain a warrant to two disinterested and discreet persons, to be appointed and sworn by the justice or clerk, and the persons so appointed shall ascertain and determine the sum, due from the owner or keeper of the beasts for the damages, costs, and expenses, for which they are impounded and detained, including a reasonable compensation for their own services. SECT. 33. If the sum so found to be due is not forthwith paid, the person who impounded the beasts shall cause them to be sold by aucR. S. 113, § 12. tion, in the city or town where they are impounded, first advertising the sale by posting up a notice thereof twenty-four hours beforehand at some public place in the same city or town. 21 Pick. 55. proceeds, how disposed of. R. S. 113, § 13. Beasts escaped or rescued may R. S. 113, § 14. be retaken. Penalty for rescuing beasts distrained. 1852, 312. SECT. 34. The proceeds of such sale after paying all said damages, costs, expenses, and charges for advertising and selling the beasts, shall be deposited in the treasury of the city or town, for the use of the owner of the beasts, in case he substantiates his claim thereto within two years from the sale. SECT. 35. If beasts lawfully distrained or impounded escape or are rescued, the pound keeper, field driver, or other person, who distrained them, may at any time within seven days thereafter retake the beasts and hold and dispose thereof as if no such escape or rescue had taken place. SECT. 36. Whoever rescues beasts lawfully distrained or impounded for any cause whatever, shall be liable in an action of tort brought R.S. 113, § 15. by any person injured to pay all damages which such person sustains thereby, and the fees and charges incurred before the rescue; and he shall also forfeit a sum not less than five nor more than twenty dollars, to be recovered by complaint. 1 Mass. 168. 17 Mass. 342. 4 Mass. 471. 5 Cush. 267. tried. SECT. 37. The defendant in an action brought for rescuing beasts Legality of disdistrained or impounded shall not be allowed to allege or give in evi- trees, how dence the insufficiency of the fences, or any other fact or circumstance R. S. 113, § 16. to show that the distress or impounding was illegal; but if there is such 5 Pick. 514. ground of objection to the proceeding of which he is entitled to avail See Ch. 146. himself, he may have the advantage thereof in an action of replevin. 4 Mass. 471. goats, when not SECT. 38. If the owner of a ram or he goat suffers it to go at large Rams and he out of his enclosure between the first day of July and the twenty-fifth to go at large. day of December, he shall forfeit five dollars for each offence, if prose- R. S. 19, § 23. cuted within thirty days next after such ram or he goat is found going at large, to be recovered on complaint in the county in which such owner lives. 1. Towns to choose board of health or health officer; or selectmen to act. 2. City council to appoint board of health, or make either or both branches, or a committee, the board. 3. Board may appoint physician. 4. Compensation of physician, &c. NUISANCES, CONTAGION, &C. 5. Board to make regulations respecting nuisances, &c. 6. 7. to give notice of their regulations. to examine into and abate nuisances, &c. 8. to order nuisances, &c., abated; penalty on owner of land, &c., for refusing. 9. Order of abatement, how served. 10. Owner not complying, board to remove the nuisance at his expense. 11. Board may notify occupants of unfit dwelling place to quit, &c. 12. When a party is convicted of nuisance, court may order it destroyed. 13. Superior court may issue injunctions in cases of nuisance. SECTION 14. Board may make compulsory examination 15. may grant permits for the removal of in- 16. to make necessary provision for persons 17. If infected person cannot be removed, oth- 18. Persons may be stationed on borders of other states, to examine, &c. 19. Two justices of the peace may issue war- 20. One justice may issue warrant to sheriff to 21. Justice may take up houses and stores, 22. Officers may break open houses, shops, &c., 23. Expenses to be paid by owners of goods. 25. Removal of prisoners attacked with disease. SECTION VACCINATION. 27. Parents, &c., to cause children and wards 31. Towns may make further provision for QUARANTINE. 32. Towns may establish quarantine ground. 34. Board of health may establish the quaran- 35. Quarantine regulations to extend to all per- 36. Penalty for violation after public notice. 38. Penalty if master, seaman, &c., refuse to 39. Quarantine expenses to be paid by person or owner. HOSPITALS AND DANGEROUS DISEASES. 43. Physicians and others in hospitals to be SECTION 44. Board of health to provide hospital or other 46. Penalty on physicians and others in hospi- 49. Expenses recoverable of individuals, how 50. Fines and forfeitures to inure to use of town 51. Certain provisions not to apply to smallpox. OFFENSIVE TRADES. 52. Board to assign places for exercising offensive trades, and may prohibit. 53. Superior court may, on complaint, revoke 54. Action for damages from nuisance. occupant. If he refuses to obey, board may 56. Appeal by person aggrieved. Proceedings. 57. Trade not to be exercised pending proceedings. 58. Verdict of jury may alter, &c., order; to be 59. Costs,-how and when assessed, on whom, SECTION 1. A town respecting which no provision is made by special law for choosing a board of health, may, at its annual meeting or at a meeting legally warned for the purpose, choose a board of health, to consist of not less than three nor more than nine persons; or may choose a health officer. If no board or officer is chosen the selectmen shall be the board of health. a SECT. 2. Except where different provision is made by law, the city council of a city may appoint a board of health; may constitute either branch of such council, or a joint or separate committee of their body, board of health, either for general or special purposes, and may prescribe the manner in which the powers and duties of the board shall be exercised and carried into effect. In default of the appointment of board with full powers, the city council shall have the powers and perform the duties prescribed to boards of health in towns. Board may apSECT. 3. Every board of health may appoint a physician to the point physician. board, who shall hold his office during its pleasure. R. S. 21, § 3. Compensation of physician, &c. R. S. 21, § 4. Board to make regulations re specting nuisances, &c. R. S. 21, §§ 5, SECT. 4. The board shall establish the salary or other compensation of such physician, and shall regulate all fees and charges of persons employed by it in the execution of the health laws and of its own regulations. NUISANCES, CONTAGION, &C. SECT. 5. The board shall make such regulations as it judges necessary for the public health and safety, respecting nuisances, sources of filth, and causes of sickness, within its town, or on board of vessels within its 6. harbor; and respecting articles which are capable of containing or conveying infection or contagion, or of creating sickness, brought into or conveyed from its town, or into or from any vessel. Whoever violates alficul to be bears the 211 1866 |