196 BOARD OF AGRICULTURE. 



Sec. 33. Nothing contained in this chapter shall prevent 

 the proprietors of any such common field fenced, who had 

 been duly organized previous to February twenty-fourth, 

 eighteen hundred and twenty-one, from making and main- 

 taining their fences according to rules and orders before that 

 date agreed on by them at any legal meeting. 



Sec. 34. Portions of common fields inclosed under the 

 provisions hereof, which are unoccupied and unimproved by 

 their owners on account of their being rocky or barren, shall 

 be excluded in all estimates for assessments under section 

 nineteen, or for apportionments of fence under section 

 twenty-two. 



Sec. 35. Any three or more proprietors of lots within one 

 general fence or inclosure, by a petition in writing to the 

 proprietors of such field, at any meeting thereof, legally 

 warned for that purpose, may request to have their lots, 

 either alone, or jointly with any other lots in said field, 

 divided from the remainder, to be inclosed in one common 

 fence, and occupied hy them as an entire field separately 

 from the other proprietors of the general field ; and if the 

 majority of the proprietors in interest, present at such meet- 

 ing, refuse their assent to such division, the county commis- 

 sioners may, upon the like application, appoint three or five 

 disinterested and suitable persons within the county where 

 such general field is situated, to make such division thereof, 

 if they deem it expedient ; and to assign to each field its pro- 

 portion of the partition fence, which shall become necessary 

 by reason of such division, to be kept up and maintained by 

 each proprietor of sai'd general field, and such persons shall, 

 as soon as may be after their appointment, make return of 

 their doings under their hands to such commissioners ; and 

 after the acceptance thereof by them, the fields so divided 

 shall be deemed separate general fields, and the proprietors 

 of the field so set off and the remaining proprietors of the 

 original shall be distinct and separate proprietary bodies, 

 having all the like powers and privileges, and subject to all 

 the duties and liabilities, as the proprietors of the original 



