LAWS RELATING TO AGRICULTURE. 197 



o-eneral field before such division was made ; but no order 

 for such division shall be made, nor any committee appointed 

 as aforesaid, until the other proprietors have had notice of 

 the petition for such division ; which shall be given by serv- 

 ing- the clerk of the proprietors with a copy of the petition, 

 thirty days at least before such order or appointment is made. 



Sec. 36. When the major part in interest of the proprie- 

 tors of any tract of land consisting of five or more allotments 

 are desirous of inclosing them in one general field, they may 

 apply to the supreme judicial court in the county where such 

 land lies, and when such land lies in diflerent counties, then 

 to such court to be holden in either ; and the court may order 

 such notice to all parties interested, as they may deem reason- 

 able, and after hearing the parties appearing, may order the 

 land to be so enclosed. 



Sec. 37. After a common or general field is so established 

 by order of court, the further proceedings in relation thereto 

 shall be the same as are provided when a field is so enclosed 

 by the consent of all the proprietors : and the proprietors 

 shall be entitled to all the privileges, and subject to all the 

 duties, before provided with respect to the proprietors of 

 fields inclosed by consent. 



Sec. 38. Any fence viewer, who, when requested, unrea- 

 sonably neglects to view any fence, or to perform any other 

 duties herein required of him, shall forfeit three dollars to 

 any person suing therefor, within forty days after such neg- 

 lect. He shall also be liable for all damages to the party 

 injured. 



Sec. 39. Each fence viewer shall be paid by the person 

 employing him at the rate of one dollar a day for the time he 

 is so employed. If the party liable neglects to pay the same 

 for thirty days after demand, each of such fence viewers may 

 recover double the amount in an action on the case, and be 

 mutually witnesses for or against each other. 



