Litchfield enquirer., 1861-08-08

soad in this state, a majority of whom shall have the same powers now vested by law in commits aioners of turnpike roads,
 SEC. 2. This act shall take effect upon it's pas sage.
 Approved, July l, 1861.
 CAMPER xL.
 An Act in addition to :: An Act concerning Fen
 ces and Common Fields"
 Be it enacted by tue Senate and House cf Repre- scntatives in General Assembly conUened:
 SEQ. 1. That the proprietors of land in any field that now is, or that may be hereinafter, es tablished and used as a common field, at meet ing legally warned for that purpose may, by two-third vote of such meeting, alter the bounds of said field, by annexing to said field, upon such conditions as said proprietors shall specify, such land or lands adjoining thereto, as the own CT or owners thereof shall apply to said proprie- tors, in writing, to have so annexed and when 50 annexed, the owners of said lands shall be entitled to all the benefts and liable to all the duties and responsibilities of proprietors of said common field, except as may be otherwise pro- vided in the conditions upon which such lands are annexed as aforesaid; provided, that tho bounds or divisional line between any two com mon fields shall not be altered so as to embrace in one field any lands which belong to the other field, without the consent of the proprietors of such field, expressed by a two-third vote of a meeting legally warned for that purpose, at which meeting no person shall vote whose lands are proposed to be set off,
 SEC. Z. Whenever two more common fields lay adjoining each other, and the proprietors of each of said fields, at meetings legally warned for that purpose, shall, by three-fourth vote of each of said meetings, agree that it would be for the interest of the proprietors to consolidate said adjoining fields as one common field, said meetings may proceed, by 8 committee or other yJq tn hot on which said fields shall be consolidated as one field, including the name by which said consoli dated field shall be known and called and the time and place at which the first meeting of said consolidated field shall be held for the choice of officers, and to do any business which might be done at an annual meeting; and whenever said conditions shall be agreed upon by like three- fourth vote of each of such meetings as afore- said, said fields shall thereupon become one common field, upon the conditions thus agreed upon and said first meeting of said consolidat- ed field may thereupon be held without any fur ther notice than is prescribed in said agreement, which agreement shall be recorded at length by the clerks of each of said fields, and a copy, at- tested by both of said clerks, shall be loged with the clerk of the consolidated field, and be by him recorded as part of the records of said consolidated field.
 SEC. $. The proprietors of common fields may lold their annual meetings now provided by iaw, or at such other time and place and upon such notice as said proprietors shall have pre- vously agreed upon in lawful meeting; and the officers chosen at such annual meeting, or at special meeting legally warned for that pur- pose, hold office until the next annual meeting and until others are chosen in their places and duly qualified. Said proprietors at their annual meetings, or at special meetings legrlly warned for that purpose may, by major vote, prescribe penalties, and rules for their collection for any violation of the standing rules or regulations which may have been adopted by said proprie- tors, in respect to the fencing, and occupying of said fields prouided, that no penalties shall be imposed by said proprietors exceeding one dol lar of any one offence.
 SEC. A. Whenever in any meeting of the pro prietors of any common field, any vote shall be taken, each of said proprietors, their lawful agents or attorneys, shall be entitled to give one vote for any quantity of land not exceeding four acres, and one vote for every additional four acres, which said proprietor may own in said field
 SEC. 5. Common field shall be fenced in the same manner as is required in the case of par ticular enclosures provided, that the committee of any common field and tho proprietors of any particular enclosure adjoining thereto, and the committee of any common field with the commit tee of any adjoining common field, may agree in writing what fence shall be built between said field and enclosure, or between said adjoining fields, and during what times in each year said fence shall be erected and maintained; which agreement shall always be in writing and signed by the parties, and shall be approved by the proprietors of said field in lawful meeting; in which case, the fence shall be the same as shall have been agreed upon during the time named in such agreement; and it shall be the duty of the fence viewers of any common field, to inspect the fences of said field, and take care that.they are kept in sufficient repair during the season ill which they are to be maintained, whether said fence belongs to, and ought to be maintain ed by the owners of particular enclosure ad- joining said field, or by the proprietors of said field and ifthey find said fence to be insufficient and defective in any part, they shall forthwith give notice to the owner, or person now bv law required to be notifed and if he shall not, with in twenty-four hours after such notice, erect such fence, or put the same in sufficient repair. they shall forthwith make or repair the same : and the owner, or person who ought to maintain such fence, shall pay to the fence viewers a req sonable compensation for giving such notice, and double costs and charges for making or re- pairing such fence; and if he neglects to do so, for ten days after an account thereof shall be presented and after payment shall be demanded the fence viewers may recover the same in an action on the case; proUided, that such person, within ten days after the account is presented may apply to two selectmen or fence viewers of the town, not interested In the controversy, who shall apprise and estimate the expense of mak- ing or repairing such fence, and if such person shall not forthwith pay double the appraisement the fence viewers, who made or repaired the fence may recover it in an action on the case,
 Sec. 6. No person shall permit any of his crea- lures to feed or bait no his neighbours land in a S4mmon field, without his consent, before the & vtn &day Of October in each year, or before such o.nei eay as the proprietors shall have agreed ap1n' o m tnelr lawful meetings, as the day when suon heid should be opened for feeding. which snail nos be fixed earlier than said 10th day ol octoper, without the unanimous vote of the pnrposs sat at meeting legally warned for the & purpose ana it shall be the duty of the hav- wards, and the right of any proprietor or b;s 9r tnelr agent to impound ali creatures found fseJ
 ing, oaltlng' or running at large in said co,nu.o, held contrary to law, or in yio,at;on ae .1 rules and regulations of said field, VI 'ne
 Sec. z. The proprietors of any common eo,, in lawful meeting, by major Vote. mav aa.aa neia
 fish the fee to be paid by the owner of ay, es.ao ture impounded from said field; proy;dsd 'tea, tSa it shall not be more than twelve cents per heai s for sheep, and seventy-fve cents per head fo, other creatures; two thirds of which shall h, for the impounder, and the other one-tbird t the pound-keeper.
 Sec. 8. All acts or parts of acts inconsisten with this act are hereby repealed.
 Approved July 2, 1861.
 The Early Lights of the Lifch