Fences and Fields. for either Party, of twelve Inches from the dividend Line, to break the Ground to set the Posts and Stakes in: But the Posts and Stakes shall be 'set in the dividend Line. 73 half his And for the making Stone-wall or other Fence, there shall be Liberty of Stone-wall to either Party bordering on each other, to fet one Half of the width of such be made one Stone-wall or other Fence, on each Side of the dividend Line, provided neighbours it exceed not one Foot and a Half from faid Line on the Neighbours Land. land. And there shall be a Liberty of four Feet allowed for a Ditch, from the dividend Line, (except in fencing House or home Lots, for either of the 4 feet in ma bordering Parties) where the Proportion of Fence belongs to them respec- king ditches: tively; provided the Party making the Ditch lay the Bank thereof upon his own Land. And that when any Person shall fence in, and improve any particular adjoining Fields or Inclosures in several, they shall make and maintain the. Dividend dividend Fence equally between them; that is to say, one of them the one maintained. Half, and the other the other Half thereof. fence.how And if one Person shall improve before his Neighbour, and so make the Whole of the Fence, and afterwards the adjoining Neighbour or Proprietor shall improve the adjoining Land by particular Inclosure, he shall purchate In cafe one one Half of the dividend Fence, and maintain the fame: And if the Parties do not agree in dividing or apprizing the faid dividend Fence, it shall be in the Power of the Person aggrieved, to call the Select-men of the Town, or major Part of them, who shall divide and set out each and every Person or Persons, his or their Part of the said dividing Fence, in equal Proportion; and shall fet a Price upon the Fence so set out to the Perfon or Persons last son shall be improving in several; to be paid to the Perfon or Persons who erected the reimburfed, fame: An Account whereof under the Select-men's Hands shall be a sufficient Evidence for the Person or Persons who erected said Fence, to recover faid Price so set, of the Person or Persons last improving, as aforesaid. person make the whole fence before his neighbour inclose any, how faid per fences. The like Method may be taken in dividing any dividend Line of Fence, The like me between adjoining Proprietors of particular Inclosures, on the Motion of thod to be taeither Party, where it shall so happen that the other Party refuses to divide ken in other the same: In dividing of which the Select-men shall have Regard to the better Part of faid Fence, (if any such there be) and set the fame to him who erected the same, or holds under him who erected it; and the Charge thereof shall be paid by him who wilfully refused to make fuch Division : For the Recovery of which the Account thereof under the Select-men's Hands shall be a fufficient Evidence, as aforesaid. And all Divisions of such Fence made as aforesaid, and recorded in the Divison of Town Records of the same Town in which it is made, shall be as effectual fence being in Law, as though the same was made in Writing under the Hands of the recorded, &c. Parties concerned. And if any Person or Persons who ought to maintain any dividend Fence, shall neglect or refuse to keep in sufficient Repair according to Law, all such Fence or Fences, set out as aforesaid, or divide according to the Persons neAgreement of the Parties concerned therein, appearing by Writing under glecting to keep divitheir Hands, or other sufficient Evidence to shew the fame, the Perfon ag- dend fence in grieved shall have Liberty and Power, at his own Cost, to call the Fence- repair. Viewers in the Town to view the same: Who, if they find the fame insufficient, or wanting, shall take the same Method in order to get the fame erected or repaired: And they, or the Person aggrieved, shall have the same Allowance for erecting or repairing the fame, if they, or either of them erect or repair it; and to be recovered in the same Manner, with Cost of viewing the fame, as is before provided in this Act in Cafe of Neglect to repair Fence in the Line of Common Field Fence. Always provided, That if the Person aggrieved repair said insufficient Fence, the Value of fuch Reparation shall be appraised by the Fence- Provifo. Viewers. K And And if any Person shall afterwards lay open his Field or Inclosure, (which none shall do without three Months Warning, on Penalty of paying ing open their the Damages that his Neighbour shall sustain thereby) the other Party Persons lay fields, &c. Ferry-men to be provided with fufficient boats, oars, &c. To be of approved difcretion. Select-men to take care in this affair. Ferry-men to have the fole liberty of transporting travellers. Proviso. Hours of attendance. Ferry-men being profecuted may be retrained, &c Provifo. Owners of ferries, to keep good wharves. shall have Liberty to buy the dividend Fence, paying the then present Value thereof: To be set by two Men, to be chosen by either Party one ; or in Cafe of Non-agreement therein, by the Select-men, or major Part of them. E it An Act for regulating Ferries. enacted by the Governor, Council, and Representatives, in General Court Bassembled, and by the Authority of the over or Town that hath, or that hereafter shall have a Ferry or the Privilege of a And none shall be employed as Ferry-men but such as are of approved Difcretion; strong, and able-bodied; well skilled in rowing, and managing said Service. And the Select-men of the Town where such Passage is, or such Privilege is granted, are hereby required and impowered to take effectual Care that this Order, in all the Parts of it, be duly attended by all the Owners of Ferries. That every Keeper of a Ferry shall have the sole Liberty of the Tranfportation of Passengers and their Horses, from the Place where such Ferry is granted, to any other Ferry-Place, or usual Place of Landing. And no Ferry-man that shall land Passengers at any other Ferry-Place, may take Passengers from thence, if the Ferry-Boat of that Place, be ready. Provided, this Order shall not hinder any Persons that use, or have Occasion to pass in their own or their Neighbours Boats or Canoes, to their own Business and Labour from paffing accordingly. And for the speedy Transportation of Passengers, Every Ferry-man employed in the respective Ferry-Boats in this State, shall give constant and diligent Attendance on that Business from Sun-rife until nine of the Clock at Night, from the first of April to the first of Otober; and until eight of the Clock at Night from the first of October to the first of April annually : And shall not deny or delay the speedy carrying over of any Passenger or Passengers according to the true Intent and Meaning hereof, on Pain that every such Ferry-man upon Conviction before any one Assistant or Justice of the Peace, of the Neglect of his Duty, in not crossing faid Ferries within the Time limited as aforesaid, shall forfeit and pay the Sum of Ten Shillings: One Half to the Informer or Complainant, who shall profecute the fame, and the other Half to the Treasurer of the Town where such Ferry is kept. Which Offenders may be restrained till they pay said Sum, and Costs of Profecution: Which Profecution and Conviction may be forthwith had, as in Cases of Delinquency. Provided nevertheless, That no Ferry-man shall be obliged to put off from their respective Shores or Wharffs, and pass the faid Ferries when it manifestly appears to be Hazardous for them so to do, by Reason of any Storm, Tempest or Ice. That all the Owners of Ferries shall keep and maintain good Wharves, or Places of Landing, where they are wanted, upon Penalty of forfeiting fuch Sum as the County Court of that County in which such Wharf shall be wanted, upon Complaint to them made, shall determine to be sufficient to Ferries. to make, or repair such Wharf, or convenient Landing: Which Forfeiture shall be for that Use; and be by Order of fuch Court laid out therefor accordingly. 75 fides New That the Person, or Persons that are, or from Time to Time shall be Boats to be employed for keeping the Ferry between New-London and Groton, called kept both New-London Ferry, shall constantly maintain a Boat, or Boats, in good London riRepair, furnished, as aforesaid, suitable for faid Ferry, on each Side the ver. Water. And for preventing of Danger in, and for regulating the paffing of common Ferries, It is further enacted by the Authority aforesaid, That no Ferry-man shall Boats to be carry any Passenger over the Water in any Boat that is not sufficient, ac- sufficient. cording to this Act, upon Penalty of forfeiting such Boat, or the Value &c. thereof: One Moiety to the State Treasury; and the other Moiety to the Informer. And every Ferry-man that shall not provide fufficient Oars, and other necessary Implements; and also such Man, or Men, as the Condition of the Passage shall require, qualified according to this Act, as before expressfed, for the safe and speedy Passage of Travellers, shall for every Default therein, incur such Penalty as the County Court for that County wherein such Ferry is, (upon Complaint to them made) shall fee cause to impose upon him. Penalty. Provided, The Penalty for one Default shall not exceed the Sum of Three Provifo. Pounds. That no Person shall press, or enter into any Ferry-boat, or other Ferryvessel, contrary to the Will of the Ferry-man, or the major Part of the Paffengers first entered, upon Pain of forfeiting the Sum of Six Shillings for every fuch Attempt. 6s. penalty for pressing into ferryboat without confent, &c. ferry-men And that every Ferry-man that shall permit, or allow any Person to enter into his Boat, or other Ferry-veffel, against the Will of any Affsistant, Penalty on Justice of the Peace, or Representative of the General Affembly; or any for permitof the Elders of the Churches, or the major Part of the Passengers before ting, &c. shipped, or entered into said Boat, or Vessel, shall forfeit for every Person so admitted, or received against their Will so declared, the Sum of Ten Shillings. And every Ferry-man shall have Power to keep, or put out of his Boat every Person that shall press, enter into, or stay in his Ferry-boat contrary to his Order. That all Persons shall be received into such Ferry-boats according to Order of retheir coming first, or last, to such Ferry; only all public Officers, and such ceiving pafas go upon public and urgent Occafions; as Pofts, Physicians, Surgeons sengers. and Midwives shall be transported first, or with the first. And that all the Fares of all the Ferries in this State shall be stated only by the General Affembly: And the Fare being published according to Law, Fares to be shall be the only Fare that any Ferry-man shall take for carrying over stated, &c. Passengers, Horses or other Creatures. And every Ferry-man that shall demand and take more than the Fare so stated, shall forfeit the Sum of Twenty Shillings: One Moiety to the Treasurer of the State, and the other Penalty. Moiety to be divided between the Informer, and the Person injured. In the Trial whereof no Appeal shall be allowed. And be it further enacted by the Authority aforesaid, That the Fares of the several Ferries in this State shall be as follows, Viz. : New-London Ferry, Hurlbut's Ferry, at Norwich, Ditto at Shetucket, Say-Brook do. from 1st Oft. to 1st April S Brockway's Ditto, { Wolcott's Ditto, over great river Rivolet, Windsor Ditto, at Scantick, Suffield Ditto, Six-pence Two-pence Four-pence Six-pence 3-farthing }Six-pence 3 farthing Two-pence 3 farthings Id. farthing Three-penco 1-farthing Three-pencer-farthing Three-pence 1-farthing 2d. farthing |1-farthing Two-pence 3-farthings Id. farthing Three-pence 1-farthing New Haven UF- }| Two-pence 3-farthings id. farthing Three-pencet-farthing per Ferry, Ditto, Lower do. from 1st Otto, το Ist April, Eight-pence Three-pence Six-pence Eight-pence One-peny From Jit April to } Six-pence Two-pence Four-pence Six pence Ist Oftober, Stratford Ditto, Derby Ditto, New-Town Do. at Potatuck, Knowles's, Stratford at the Chichester's at Cornwall, 3-farthing Four-pence Two-pence Three-pence Six-pence One-peny } One-penny lone half peny 3-farthings One-penny 1-farthing } Desborough's at the 2d. half peny One-penny Id. half peny 3d. half peny half-peny And the Fare for every two-wheel Carriage, with one Man and Draft-horse, shall be double; and for every four-wheel Carriage, one Man and Draft-horse, treble the Fare for a Man, Horse and Load, as stated above; and for every additional Perfon, or Horse or other Beast, the same as stated above. And Fidelity. Fines. 77. to give good time. And be it further enacted by the Authority aforesaid, That the Ferry-men, Ferry-men or Tenders of the Ferries at New-London, Say-Brook, New-Haven LowerFerry, Hartford, Stratford, and all other ferries in this State, where two Boats are by Act of the General Assembly required to be kept, shall carefully and diligently attend to the Conveniency of Passengers: And to that End they shall not fuffer both the Boats to lie at the fame Time on one side of the Ferry; but as foon as one Boat has crossed such Ferry, the other Boat shall immediately put off and go to the other Side, whether there be any Passengers ready to go over or not, unless the other Boat shall immediately return. And when any Passengers are waiting on either Side of the Ferry after the Boat on that Side is put off, the other Ferry-man shall immediately put off with his Boat, to carry over the Passengers. And the Fare for carrying over any Passengers shall belong to the Ferry-man in whose Boat they pass, unless the Owners of the Boats agree otherwise. And if any fuch Ferry-man or Ferry-men, shall neglect to conform to the true Intent and Meaning of this Act, he or they, for every fuch Offence or Neglect, shall forfeit and pay the Sum of Twenty Shillings, to be recovered in the same Way, and to the same Use as the other Penalties in this Act. Fare to be. long to the boat that lefs, &c. Penalty. comes, un on vessels paf London Rope fing Newferry. That no Sloop or other Vessel, shall pass through the Rope-Ferry in New-London, either up or down the River, from fix o'clock in the After- Restrictions noon to fix o'Clock in the Morning, between the first of October and the first of March; nor from nine o'Clock in the Evening until five o'Clock in the Morning, between the first of March and the first of October (in any Year), without giving Notice to the Ferry-man one Hour at least, before such Vessel shall attempt to pass through faid Ferry. And every Master or Commander of any Vessel, who shall be guilty of a Breach of this Act, shall for every such Offence, pay a Fine of Forty Shillings; one Half to the Owner of faid Ferry, and the other Half to the Treasury of the Town of New-London. An Act for enjoining an Oath of Fidelity to this State. the Governor, Council, and Representatives, in General Court E it enacted Balsembled, and by the Authority of the fames that all Members of the All officers, &c. to take General Affembly, and all Officers, Civil and Military, and Freemen of the oath. this State, shall take the Oath of Fidelity to this State prescribed by Law. tion, &c. Not taking And be it further enacted by the Authority aforesaid, That no Person shall execute any Office, Civil or Military, nor vote in any Town, Society, or the oath, a other public Meeting appointed by Law, nor plead in any Court (except in disqualificahis own Cafe) nor any Male Person act as Executor or Administrator, or Guardian to any Minor, until he shall have taken the Oath aforesaid. And it shall be the Duty of the Authority administering said Oath, to give a Certificate thereof, if requested. An Act concerning the Payment and Disposion of B E it enacted by the Governor, Council, and Representatives, in General Court affembled, and by the Authority of the fame, That every Person that shall at any Time be fined for the Breach of any penal Law, or for other just Cause, shall forthwith pay the Fine or Penalty imposed upon him, or give in good and fufficient Security speedily to do the fame; or shall be imprisoned, or bound out, and kept in Service or Labour till it be paid. And Certificate to be given. Fines, &c. down, &c. to be paid |