General Laws of Massachusetts - Chapter 179 Proprietors of Wharves, Real Estate Lying in Common, and General Fields
- Massachusetts General Laws - Issuance of warrant for meeting upon application of proprietors of lands, wharves or other real estate held in common to organize as corporation - Chapter 179, Section 1
Upon written application of five or more proprietors of lands, wharves or other real estate held in common to a justice of the peace, stating...
- Massachusetts General Laws - Notice of organizational meeting - Chapter 179, Section 2
The meeting shall be called by posting a notice containing the substance of the warrant, signed by the person to whom the warrant is directed,...
- Massachusetts General Laws - Formation of corporation; selection of officers; certification of organization - Chapter 179, Section 3
At such meeting, by vote of a majority in number and interest of all of the proprietors, they may organize themselves as a corporation under...
- Massachusetts General Laws - Duties of clerk - Chapter 179, Section 4
The clerk shall be sworn, and shall record all votes, orders and proceedings of the proprietors in books which he shall keep for that purpose...
- Massachusetts General Laws - Duties of treasurer - Chapter 179, Section 5
The treasurer shall demand and receive all money due or belonging to the proprietors, shall sue for and recover in his own name to their...
- Massachusetts General Laws - Actions by and against corporations - Chapter 179, Section 6
Such proprietors may sue and be sued as a body corporate; and an action brought by the corporation for trespass on the common property may...
- Massachusetts General Laws - By-laws; annexation of penalties - Chapter 179, Section 7
They may make by-laws consistent with law for the orderly conducting of their business, with penalties for the breach thereof not exceeding three dollars for...
- Massachusetts General Laws - Power of moderator - Chapter 179, Section 8
The moderator of a meeting of the proprietors shall have the same power as the moderator of a town meeting, except the power of confining...
- Massachusetts General Laws - Powers of proprietors at legal meeting - Chapter 179, Section 9
The proprietors may, at a legal meeting, exercise any of the powers granted to them in this chapter; but no business shall be acted on...
- Massachusetts General Laws - Voting rights - Chapter 179, Section 10
Each proprietor may vote according to the number of his shares or the amount of his interest, if known; and if not known, the proprietors...
- Massachusetts General Laws - Conduct of business - Chapter 179, Section 11
The proprietors may by vote adopt such measures and levy such assessments in proportion to their respective rights and interests in the property as they...
- Massachusetts General Laws - Failure of proprietor to pay assessment - Chapter 179, Section 12
If a proprietor fails to pay an assessment for six months after demand therefor by the collector or other proper officer, or after a notice...
- Massachusetts General Laws - Redemption of shares - Chapter 179, Section 13
The proprietor of the share or part sold may, within one year after the sale, redeem it by paying to the purchaser or his assigns...
- Massachusetts General Laws - Sale by proprietors - Chapter 179, Section 14
If there are ten or more proprietors, they may, by vote of more than two thirds both in number and interest at a legal meeting,...
- Massachusetts General Laws - Division of property; deposit of records; fees - Chapter 179, Section 15
After the final division of their common property, the proprietors may deposit their records with the clerk of the city or town where the land...
- Massachusetts General Laws - Termination of corporation - Chapter 179, Section 16
A final division of the common property shall not dissolve the corporation until the expiration of ten years thereafter; but the proprietors at the time...
- Massachusetts General Laws - Powers after disposal of property - Chapter 179, Section 17
The proprietors may, within ten years after such division, call and hold meetings and vote and raise money by assessments, as before provided, for the...
- Massachusetts General Laws - Management of distinct lots or parcels of land enclosed and fenced in one common field - Chapter 179, Section 18
If several distinct lots or parcels of land are enclosed and fenced in one common field, or if all the proprietors of such lands agree...
- Massachusetts General Laws - Issuance of warrant for meeting upon application of proprietors of land comprising common field - Chapter 179, Section 19
On application of two or more proprietors to a justice of the peace, he shall issue his warrant for a meeting, as provided in section...
- Massachusetts General Laws - Officers - Chapter 179, Section 20
The proprietors may from time to time choose a clerk, three or more assessors, a collector and such other officers as they find to be...
- Massachusetts General Laws - Field drivers; selection; powers - Chapter 179, Section 21
They may choose one or more field drivers, who shall have and exercise the same powers with respect to the general fields as field drivers...
- Massachusetts General Laws - Rules as to pasturing - Chapter 179, Section 22
They may adopt such rules as to pasturing the land and as to other matters in which they have a common interest as they consider...
- Massachusetts General Laws - Voting rights; land enclosed for one proprietor’s exclusive benefit - Chapter 179, Section 23
At meetings of proprietors for adopting rules or regulations as to pasturing, land of a proprietor enclosed for his exclusive benefit shall not be valued...
- Massachusetts General Laws - Trespass by a proprietor - Chapter 179, Section 24
If a proprietor puts horses, cattle or other beasts into the general field contrary to the regulations of the proprietors, either by putting in more...
- Massachusetts General Laws - Assessments upon proprietors - Chapter 179, Section 25
The proprietors may from time to time raise money for defraying their common charges and managing their affairs, which shall be assessed by the assessors...
- Massachusetts General Laws - Collection of assessments - Chapter 179, Section 26
The clerk shall issue his warrant to the collector, requiring him to collect all amounts so assessed and to pay them over to the clerk...
- Massachusetts General Laws - Remedy for injury to land caused by beasts of stranger - Chapter 179, Section 27
A proprietor injured in his lands by the beasts of a stranger shall have the same remedy therefor as if his land had been enclosed...
- Massachusetts General Laws - Apportionment of fence among proprietors - Chapter 179, Section 28
The whole fence enclosing such general field shall, so far as found convenient, be apportioned among the proprietors according to the number of acres held...
- Massachusetts General Laws - Non-use of land; liability for maintenance or assessment on fence - Chapter 179, Section 29
A proprietor shall not, so long as he declines to cultivate his land or use it for pasturing, for the growth of wood or otherwise,...
- Massachusetts General Laws - Expenses of apportionment and maintenance - Chapter 179, Section 30
The expense of apportioning the fence and also of making and maintaining such part thereof as cannot be conveniently and justly apportioned to any one...
- Massachusetts General Laws - Repair of fence by other proprietor - Chapter 179, Section 31
If the part of the fence apportioned to a proprietor becomes deficient and he does not repair it within three days after notice of such...
- Massachusetts General Laws - Recovery of cost of repairs; double damages - Chapter 179, Section 32
The person making such repairs may demand of the proprietor bound to make them, or of the tenant holding under him, double the cost of...
- Massachusetts General Laws - Emergency repair of fence; recovery of cost of repairs - Chapter 179, Section 33
If a part of the fence is suddenly blown down or carried away by a flood or tempest at a time when the crops of...
- Massachusetts General Laws - Enclosure by proprietor of own land; effect on common field - Chapter 179, Section 34
A proprietor may enclose his land at his own expense; and, so long as he keeps it enclosed with a sufficient fence, may cultivate and...
- Massachusetts General Laws - Maintenance of boundaries within general field; violation - Chapter 179, Section 35
Every proprietor of land lying unfenced in a general field shall once in every two years, if requested by the owner of the adjoining land,...
- Massachusetts General Laws - Jurisdiction of superior court; order to fence - Chapter 179, Section 36
If it is for the interest of the proprietors of five or more parcels of land to enclose them in one common field, the superior...
- Massachusetts General Laws - Fields established by court order; management - Chapter 179, Section 37
After a common or general field is so established by an order of the court, the further proceedings in relation thereto shall be the same...
- Massachusetts General Laws - Division of general field; petition; committee to make division - Chapter 179, Section 38
Three or more proprietors of lots in a general field lying within one general fence or enclosure may, by a written petition to the proprietors...
- Massachusetts General Laws - Division of general field; court order - Chapter 179, Section 39
The committee shall, as soon as may be after their appointment, make return of their doings under their hands to the court; and after its...
- Massachusetts General Laws - Discontinuance of a common field - Chapter 179, Section 40
A majority in interest of the proprietors of a common field, whether established by consent or by order of court, may discontinue it at a...
Last modified: September 11, 2015