Chapter 49

Section 1. The mayor of each city, subject to confirmation by the city council, and the selectmen of each town shall annually appoint two or more fence viewers, to hold office for one year and until their successors are qualified.

Section 10. If land belonging to two persons in severalty has been occupied in common without a partition fence, and one of the occupants desires to occupy his part in severalty, and both occupants are in possession of beasts which would be restrained by the erection of a fence d…

Section 11. If a division of fence between the owners of improved land has been made either by fence viewers or under an agreement in writing between the parties which has been recorded in the office of the clerk of the town, the several occupants of such land and their heirs and…

Section 12. If one person 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 the next enclosure if the occupant or owner pays the reasonable value thereof, as determined in writing by the fe…

Section 13. If unenclosed land is afterward enclosed or used for depasturing, the occupant or owner shall pay for one half of each partition fence standing upon the line between it and the enclosed land of any other occupant or owner, the value thereof, as determined in writing b…

Section 14. If the division line between lands of respective occupants is in dispute or unknown, the fence viewers may designate a line on which the fence shall be built, and may employ a surveyor therefor; and such line shall, for the purpose of maintaining a fence, be deemed th…

Section 15. If it is determined that the true division line is in another place, each occupant shall remove his part of the fence to, and rebuild the same on such line; and in case of neglect or refusal by either to remove and rebuild his share thereof, the other may apply to the…

Section 16. If the line upon which a partition fence is to be made or divided is a boundary line of a town or is partly in one and partly in another town, a fence viewer shall be taken from each place.

Section 17. A water fence, or fence running into the water, shall, unless otherwise agreed by the parties, be built by them in equal shares; and they shall have like remedies as in case of partition fences.

Section 18. Fence viewers, when called upon to act under any section of this chapter, may determine whether a partition fence is required.

Section 19. A fence viewer who, when requested, unreasonably neglects to perform any duty required of him in this chapter shall forfeit five dollars to be recovered in tort to the use of the town, or on complaint to the use of the commonwealth, and shall also be liable for all da…

Section 2. Fences four feet high, in good repair, constructed of rails, timber, boards, iron or stone, and brooks, rivers, ponds, creeks, ditches and hedges, or other things which the fence viewers consider equivalent thereto, shall be deemed legal and sufficient fences.

Section 20. Each fence viewer shall be paid at the rate of five dollars a day for the time during which he is employed, but his fee for services in any one case shall not be less than one dollar. Such payment shall be made by all or by such of the parties in dispute, and in such …

Section 21. A fence or other structure in the nature of a fence which unnecessarily exceeds six feet in height and is maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property shall be deemed a private nuisance. Any such owner or …

Section 22. Each town may provide and maintain one or more pounds. The mayor or selectmen may appoint a pound keeper for each pound and one or more field drivers for the town.

Section 23. Whoever wilfully injures a pound shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than three months.

Section 24. Every field driver shall take up horses, mules, asses, neat cattle, sheep, goats or swine going at large in the public ways, or on common and unimproved land within his town and not under the care of a keeper; and any other inhabitant of the town may take up such catt…

Section 25. Beasts so taken up by a field driver or such inhabitant shall be forthwith impounded, and while so impounded shall be furnished with suitable food and water.

Section 26. A city by vote of its city council, approved in accordance with the provisions of its charter, and a town by order adopted by the selectmen or town meeting members, may establish, and from time to time amend, a scale of fees to be paid a field driver for sheep, goats …

Section 27. The pound keeper shall not deliver to the owner any beast so impounded until the owner pays him his fees, the expense of keeping the beasts, and the fees of the field driver, which, when received, he shall pay to the field driver.

Section 28. Beasts taken up by a field driver in a town which adopts this section or has adopted corresponding provisions of earlier laws may be impounded on his own premises; and for the purposes of this chapter he shall be considered a pound keeper, and such place on his premis…

Section 29. If a person is injured in his land by horses, mules, asses, neat cattle, sheep, goats or swine, he may recover his damages in an action against the owner of the beasts or by distraining the beasts doing the damage and proceeding therewith as hereinafter directed.

Section 3. The occupants of adjoining lands enclosed with fences shall, so long as both of them improve the same, maintain partition fences in equal shares between their enclosures, unless they otherwise agree.

Section 30. Beasts so distrained shall be impounded in the pound or in some suitable place under the immediate care and inspection of the distrainor, and he shall furnish them with suitable food and water while they remain impounded.

Section 31. If the beasts are impounded in the pound, the distrainor shall leave with the pound keeper a memorandum in writing, under his hand, stating the cause of impounding and the amount which he demands from the owner for the damage done by them, and also for the daily charg…

Section 32. The pound keeper shall not deliver the beasts to the owner until his fees, the amount so demanded by the distrainor for the damages and charges aforesaid, the expense, if any, of advertising, and all other legal costs and expenses have been paid to him.

Section 33. Whoever impounds beasts shall, within twenty-four hours thereafter, give notice in writing, containing a description of the beasts and a statement of the time, place and cause of impounding, to the owner or person having the care of them, if known and living within si…

Section 34. If there is no person entitled to such notice, the person impounding the beasts shall, within forty-eight hours thereafter, post a like notice in a public place in the town and in a public place in each of any two adjoining towns, if within four miles from the place w…

Section 35. 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 determined by two disinterested persons, who shall be appointed and sworn by a justice of the peace or by the town clerk.

Section 36. If the amount for which the beasts have been 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, the person who impounded them shall apply to the justic…

Section 37. If the amount so determined is not paid forthwith, the person who impounded the beasts shall cause them to be sold by auction in the town where impounded, first advertising the sale by posting a notice thereof for twenty-four hours at some public place in such town.

Section 38. The proceeds of the sale, after paying all damages, costs, expenses and charges for advertising and selling the beasts, shall be deposited in the town treasury for the use of the owner, upon proof of his right thereto within two years from the sale.

Section 39. If beasts lawfully distrained or impounded escape or are rescued, the pound keeper, field driver or other person who distrained them may, within seven days thereafter, retake, hold and dispose of them as if there had been no escape or rescue.

Section 4. If a person refuses or neglects to repair or rebuild the part of a partition fence which under this chapter he is required to maintain, any person aggrieved may complain to the fence viewers, who, after notice to each party, shall view the fence; and if they determine …

Section 40. Whoever rescues beasts lawfully distrained or impounded shall be liable in tort to any person injured for all damages sustained thereby and the fees and charges incurred before the rescue; and he shall also be punished by a fine of not less than five nor more than twe…

Section 41. The defendant in an action for rescuing beasts distrained or impounded shall not be allowed to allege or give in evidence the insufficiency of the fences or any other fact or circumstance to show that the distress or impounding was illegal, but if there is such ground…

Section 5. If a deficient fence which has been built up or repaired by a complainant is, after due notice to each party, adjudged sufficient by the fence viewers, and the value of the part of the delinquent occupant, together with the fees of the fence viewers, has been ascertain…

Section 6. When a dispute arises concerning the part of a partition fence which under this chapter each party is required to build or maintain, either party may apply to the fence viewers, who, after notice to each party and a hearing, may in writing assign to each his share ther…

Section 7. If a person refuses or neglects to erect and maintain the part of a fence assigned to him by the fence viewers, it may be erected and maintained by the adjoining occupant, and if adjudged sufficient by the fence viewers, he shall be entitled to double the value thereof…

Section 8. If a partition fence is required under this chapter between the lands of adjoining occupants, and either of them has, before complaint made, voluntarily erected the whole fence or more than his just share thereof, or has otherwise become proprietor thereof, the fence v…

Section 9. If lands of different persons, required under this chapter to be fenced, are divided by a river, brook, pond or creek, and one of the occupants refuses or neglects to join in making a partition fence, or they disagree respecting the same, the fence viewers shall, upon …