CHAP. 28. selves, refuse or neglect to work; all persons, who live a dissolute and vagrant life, and exercise no ordinary calling, or lawful business, sufficient to gain an honest livelihood; and all such persons, as spend their time and property in public houses, to the neglect of their proper business, or, by otherwise misspending what they earn, to the impoverishment of themselves and their families, are likely to become paupers. Towns may choose overseers of such houses. 1821, 124, § 1. Duties of such overseers. 1821, 124, § 1. Contiguous towns may u nite, in building SECT. 2. Every town, having a work house, may, at its annual meeting, choose three, five, seven or more overseers of such work house, who shall have the inspection and government thereof, with power to appoint a master and needful assistants, for the more immediate care and superintendence of the persons received, or employed therein. SECT. 3. The said overseers, as occasion shall require, shall hold meetings, on the business of their office. At their meetings they may make needful orders and regulations for such house, to be binding until the next town meeting, when the same shall be submitted to the consideration of the inhabitants; and such as shall be approved, at said meeting, shall remain in force, until revoked by the town. SECT. 4. Any two or more contiguous towns, that shall so agree, may, at their joint charge, and for their common benefit, erect or provide a work house for the purposes before mentioned in this 1821, 124, § 2. chapter, and may purchase land for the use of such house. work houses. Joint board of overseers, and their powers in such case. SECT. 5. The ordering, governing and repairing of any work house, erected or provided at the joint expense of two or more towns, and the appointing a master and necessary assistants, and 1821, 124, § 2. the removing them from office, for sufficient cause, shall be vested in a joint board of overseers, to be chosen, as provided in the next section. How chosen, and mode of proceeding. SECT. 6. Each of said towns, at their annual meeting, shall choose three members of said board, unless all said towns shall 1821, 124, 2. agree on a different number. Vacancies in said board may be supplied by the town, in which it happens, at any legal meeting. The members, appointed by any one or more of said towns, shall have power to proceed, in all affairs of said house, notwithstanding any one or more of the towns interested shall have neglected to furnish their proportion of members. Quarterly and other meetings of such board. 1821, 124, § 3. Choice of offi cers. 1821, 124, § 3. By laws, when SECT. 7. There shall be stated quarterly meetings of all the said overseers, on the first Tuesday of January, April, July and October, to be held at the work house, in order to inspect the management, and direct the business thereof. Besides the quarterly stated meetings, other meetings, to be held at the work house, may be called by the overseers of any town concerned; they giving notice of the time and occasion thereof to the other members of said board, in such manner, as shall have been agreed upon at any stated meeting thereof. may SECT. 8. The said joint board of overseers, when duly assembled, choose a moderator. At their first general meeting, after their election, they shall appoint a clerk; who shall be duly sworn, and shall record all votes and orders of the said board. SECT. 9. The said joint board of overseers, at any general quarterly meeting, composed, at least, of one half of their whole CHAP. 28. number, may make all reasonable by laws and orders, not repugnant and how made. to the laws of the state, respecting the affairs of the work house 1821, 124, § 4. under their charge. SECT. 10. The said joint board of overseers may also, at any Duties and prosuch meeting, agree with the master and assistants, and order meet ceedings. 1821, 124, § 4. allowance for their care and services; but all other matters, relating to said work house, may be acted upon at any other meeting, duly notified, if one third part of said board are present. which expenses SECT. 11. The yearly compensation of the master and assist- Proportion, in ants, in any work house jointly provided as aforesaid, in addition to are to be paid. the allowance provided in this chapter, and the expense of keeping 1821, 124, § 5. the house in repair, shall be paid by the several towns interested, in proportion to the state tax, last assessed upon them, when the expense may have been incurred; or in such other proportion, as all the towns interested shall agree upon. ery from delin1821, 124, § 5. quent town. SECT. 12. If any town shall refuse or neglect to advance, or Mode of recovreimburse, its proportion of such allowance, or other charges mentioned in this chapter, after they shall have been stated, and adjusted by the joint board of overseers, the same may be recovered of such delinquent town, in an action to be brought in the name of any person or persons, whom the overseers shall, in writing, appoint for that purpose. SECT. 13. Any two or more overseers, in any town, having a work house, either in severalty, or in conjunction with other towns, may, by order under their hands, commit to such house, subject to the regulations thereof, any person residing in their town, who is declared in this chapter, to be liable to be sent there. Such order for commitment, directed to any constable of the same town, may be served by the same constable. Overseers may order commit ment of certain persons. 2 1821, 124, § 6. Fairf. 208. Neither town may commit more than its proportion. 1821, 124, § 6. SECT. 14. No greater number of persons, belonging to any town, shall be received into a work house, jointly provided as aforesaid, than such town's proportion of such house, allotted them, can accommodate, when the receiving of them will exclude or incommode such, as belong to other towns interested. SECT. 15. When any person, not having a legal settlement in Idlers having no any town in this state, shall become idle or indigent, he committed to the work house provided for the use of said town, to 1821, 124, § 8. be employed, if able to labor, in the same manner, and subject to the same rules, as the other persons there committed. may be settlement may be committed. town may be the house. SECT. 16. If any town, jointly interested in any work house, Delinquent shall refuse or neglect to provide its proportion of the necessary deprived of the expenses of such house, or of the materials, implements or other right to occupy means for carrying on the work, there required, according to their 1821, 124, § 9. agreement, or as shall be duly directed by the overseers, such town shall be deprived of the privilege of sending any person thither, until it shall comply with such agreement or direction. ditional mate SECT. 17. In addition to the proportion of the expenses and Either town other things, mentioned in the preceding section, to be furnished may furnish adjointly, each of such towns may furnish such other materials, and rials for labor implements, and means of work, as the overseers of such town 1821, 124, § 10. shall determine, for the employment of any person by them com CHAP. 28. mitted to such house; and the master of the house shall receive such materials, implements and means of work, and keep them separate from those of other towns; and shall be accountable to any such town for the prime cost, and all profits and earnings, made by the labor of those persons, under his care, belonging to such town. SECT. 18. The master of such work house shall keep a register 1821, 124, § 10. of the names of the persons committed, and of the towns, to which they belong, with the time of their being received into, and discharged therefrom, and of their earnings; and the same shall be open to the inspection of the overseers, on request. Master to keep a registry. Controversy between master and overseers, how determin1821, 124, § 10. ed. Each town lia ble for its own commitments. Mode of discharge. 1821, 124, § 11. Persons committed, to be kept employed. 1821, 124, § 11. Work houses may be discontinued. SECT. 19. All controversies between the master of such house and the overseers of any town, relating to his official transactions, may be determined by the overseers of the house, at a general or quarterly meeting. SECT. 20. No town shall be chargeable for the expenses of any person, committed to said house, who was not sent thither by overseers, belonging to such town; nor shall any person, duly committed to such house, be discharged therefrom, except by written order of the overseers of his town, or by vote of the board of overseers of said house, at a quarterly meeting, or by the district court, held in the same county, upon application for that purpose. SECT. 21. Every person, duly committed to such work house, if able to work, shall be kept diligently employed, during the term of his commitment. For idleness, obstinacy or disorderly conduct, he shall be liable to such punishment, as may be provided for, by the standing regulations of the house, authorized in this chapter, and not repugnant to the laws of the state. SECT. 22. Any work house, erected, or provided as aforesaid, be discontinued, or applied to any other use, whenever the town may 1821, 124, § 13. or towns concerned shall find that their circumstances require it, and shall agree thus to do. Certain special laws, not affect ed by this chapter. SECT. 23. Nothing, contained in this chapter, shall be construed to affect any powers and privileges, heretofore granted to any towns, or the overseers of the poor thereof, by any act specially relating to work houses, erected in such towns. CHAPTER 29. OF FENCES AND COMMON FIELDS. SECT. 1. What are legal fences. 2. To be maintained equally by ad- 3. If either party neglect, proceed- 4. Complainant may recover double 5. Proceedings for division of parti- SECT. 6. Each party bound to build the part, assigned to him. 7. To be kept in repair. 8. Fences may vary from the dividing line, in certain cases. 9. Assignment of parts, before fence is built. 10. Occupant ceasing to improve, not to remove his fence, in case the other will purchase. SECT. 11. Liability of owner, beginning to SECT. 27. Proceedings, if any part be sud- CHAP. 29. improve land lying in common. 12. If fence be on town line, how di- 13. Division of fences, when binding. 15. Inclosure of lots, lying together,| 16. Manner of calling meetings of 17. How notice is to be given. 18. How they may vote. 19. May raise and assess moneys. Abatements. 20. Choice of officers. 21. Clerk to issue warrant, to collect moneys. 22. Apportionment of the general fence. 23. Proprietors not liable, who do not occupy their lots. 24. Apportionment of expenses, ac- 25. Manner of repairing fences of de- 26. Delinquent liable for double the expense. denly destroyed. 28. Choice of field drivers, and their powers. 29. No proprietor to put in stock con- 32. Association may be discontinued. 34. Waste portions of lots, excluded 37. After establishment of a common 38. Penalty, if fence viewers neglect 39. Fees for services. Penalty for fences. SECTION 1. All fences, four feet high and in good repair, con- What are legal sisting of rails, timber, boards, or stone walls, and brooks, rivers, 1921, 44, 62. ponds, creeks, ditches, and hedges, or other things, which, in judgment of the fence viewers, having jurisdiction thereof, are equivalent thereto, shall be accounted legal and sufficient fences. 1821, 44, § 2. ceedings of SECT. 2. The respective occupants of lands, inclosed with To be maintainfences, shall maintain partition fences, between their own and the ed equally by adjoining occunext adjoining inclosures, in equal shares, so long as both parties pants. continue to improve the same. SECT. 3. In case any party shall neglect or refuse to repair, or If either party rebuild any such fence, which, of right, he ought to maintain, the neglect, proaggrieved party may complain to two or more fence viewers of the fence viewers, town, where the land is situated, who, after due notice to such on application. 1821, 44, § 2. party, shall proceed to survey the same; and if they shall determine, that the fence is insufficient, they shall signify the same, in writing, to the delinquent occupant of the land, and direct him to repair or rebuild the same, within such time, as they shall judge reasonable, not exceeding six days. If the fence shall not be repaired, or rebuilt, accordingly, it shall be lawful for the complainant to make, or repair such fence. 8 Greeni. 81. 15 Pick. 123. 13 Maine, 371. may recover tain cases. SECT. 4. When the complainant shall have completed such Complainant fence, and the same shall have been adjudged sufficient, by two or double compenmore of the fence viewers, and the value thereof, together with sation, in certhe fence viewers' fees, certified under their hands, he may demand 1821, 44, § 2. and recover, either of the occupant, or owner, of the land, where the fence was deficient as aforesaid, at his election, double the value and fees, thus ascertained; and in case of neglect or refusal to pay the same, for one month after demand, the complainant may sue CHAP. 29. for and recover the same, by a special action on the case, with interest, at the rate of one per cent. a month. Proceedings for Each party bound to build the part, assigned to him. 1821, 44, § 3. To be kept in Fences may va ry from the dividing line, in certain cases. 1821, 41, § 4. Assignment of parts, before fence is built. SECT. 5. When the occupants or owners of adjacent lands disagree, respecting their rights in partition fences, and their obligations to maintain the same, on application of either party to two or more fence viewers of the town, where the lands lie, said fence viewers, after reasonable notice to each party, may, in writing under their hands, assign to each party, his share thereof, and limit the time, in which each party shall build or repair his part of the fence, not exceeding six days, as provided in the third section of this chapter. Such assignment, and all other assignments of proprietors of partition fences, provided for in this chapter, being recorded in the town clerk's office, shall be binding upon the parties, and all who may afterwards occupy the lands; and they shall be obliged, always thereafter, to maintain their part of said fence. If such fence shall have been already built and maintained by the parties, in unequal proportions, and the fence viewers shall adjudge the same to be good and sufficient, they may, after notice as aforesaid, in writing under their hands, award to the party, who may have built and maintained the larger portion, the value of such excess, to be recovered in an action on the case against the other party, if not paid within six months after demand. SECT. 6. In case any of the parties shall refuse or neglect to build and maintain the part, thus assigned them, the same may be done by the aggrieved party in the manner, before provided in this chapter; and he shall be entitled to double the value, and expenses, ascertained and to be recovered in like manner, as aforesaid. SECT. 7. All division fences shall be kept in good repair, throughout the year, unless the occupiers of the adjacent lands shall otherwise agree. SECT. 8. When from natural impediments, in the opinion of the fence viewers, having jurisdiction of the case, it may be impracticable, or unreasonably expensive, to build a fence on the true line between the adjacent lands, if the occupants disagree, respecting the position of their partition fence, then, said fence viewers, on application of either party, as provided in the fifth section of this chapter, and after notice to both parties, and on view of the premises, may determine by a certificate under their hands, communicated to each party, on which side of the true line, and at what distance, or whether partly on one side, and partly on the other, and at what distances, as they shall see cause, the fence shall be built and maintained, and in what proportions, under all the circumstances of the case, by the respective parties; and either party may have the same remedy against the other, as is herein before provided, in regard to assignments of partition fences, made by fence viewers. SECT. 9. When adjacent lands have been occupied in common, without a partition fence, and either party desires to occupy his own 1821,44, §5,7. in severalty, or when a fence, running into the water, is necessary to be made, and the parties liable to build and maintain the same disagree, either party may have the line divided on application to the fence viewers of the town; who shall proceed in like manner, as is provided for the disagreement, mentioned in the fifth section |