198 BOARD OF AGRICULTCKE. 



DRAINING SALT MARSHES. 

 Eevised Statutes of 1S71. Chapter 22. 



Sec. 40. The owners or occupants of salt marsh in any 

 town, enclosed by ditches for drainage and partition, shall 

 maintain such ditches between their own and the adjoining 

 enclosures while they continue to improve them, in propor- 

 tion to the benefits accruing to each by such drainage, in the 

 judgment of the fence viewers in such town, who shall have 

 jurisdiction thereof the same as they have of fences ; and all 

 the duties, obligations and liabilities of adjoining owners or 

 occupants of such marsh as to making, repairing, and main- 

 taining such ditches, and the powers, duties, penalties and 

 fees of fence viewers in relation thereto shall be the same as 

 prescribed in the preceding sections in relation to partition 

 fences. 



Sec. 41. Said fence viewers shall determine the width 

 and depth of the ditch, neither to exceed three feet, and the 

 time to be allowed for making it, not exceeding sixty days ; 

 and notice thereof shall be given to the delinquent proprietor ; 

 and if he neglects to make or repair his portion of such ditch, 

 it may be done by the complainant, to be adjudged sufficient 

 by two or more fence viewers, who shall make a certificate 

 thereof, and of its value and their fees. If such delinquent 

 owner or proprietor neglects payment of said value and fees, 

 one month after demand, the complainant may recover of him 

 double the amount thereof with interest at the rate of one 

 per cent, a month, in an action on the case. 



Sec. 42. When a ditch between improved lands of differ- 

 ent owners is divided by fence viewers, or by the written 

 agreement of the parties, recorded in the town clerk's office, 

 where the land lies, the owners shall make and maintain it 

 accordingly; but if any person lays his lands common, and 

 determines not to improve any part of them adjoining such 

 ditch, and gives six months notice to all occupants of adjoin- 

 ing lands, he shall not be required to maintain such ditch 

 while his lands so lie common and unimproved. 



