Massachusetts General Laws
Chapter 179 - Proprietors of Wharves, Real Estate Lying in Common, and General Fields
Section 39 - Division of General Field; Court Order

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 acceptance by the court, the fields so divided shall be deemed separate general fields and the proprietors of the field set off, and the remaining proprietors of the original field, respectively, shall be distinct and separate proprietary bodies, having like powers and privileges and subject to like duties and liabilities as the proprietors of the original general field before the division; but no order for such division shall be made, and no such committee appointed, until the other proprietors have had notice of the petition for such division. Such notice shall be given by serving upon the clerk of the proprietors a copy of the petition at least thirty days before such order or appointment is made.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XXII - Corporations

Chapter 179 - Proprietors of Wharves, Real Estate Lying in Common, and General Fields

Section 1 - Issuance of Warrant for Meeting Upon Application of Proprietors of Lands, Wharves or Other Real Estate Held in Common to Organize as Corporation

Section 2 - Notice of Organizational Meeting

Section 3 - Formation of Corporation; Selection of Officers; Certification of Organization

Section 4 - Duties of Clerk

Section 5 - Duties of Treasurer

Section 6 - Actions by and Against Corporations

Section 7 - By-Laws; Annexation of Penalties

Section 8 - Power of Moderator

Section 9 - Powers of Proprietors at Legal Meeting

Section 10 - Voting Rights

Section 11 - Conduct of Business

Section 12 - Failure of Proprietor to Pay Assessment

Section 13 - Redemption of Shares

Section 14 - Sale by Proprietors

Section 15 - Division of Property; Deposit of Records; Fees

Section 16 - Termination of Corporation

Section 17 - Powers After Disposal of Property

Section 18 - Management of Distinct Lots or Parcels of Land Enclosed and Fenced in One Common Field

Section 19 - Issuance of Warrant for Meeting Upon Application of Proprietors of Land Comprising Common Field

Section 20 - Officers

Section 21 - Field Drivers; Selection; Powers

Section 22 - Rules as to Pasturing

Section 23 - Voting Rights; Land Enclosed for One Proprietor's Exclusive Benefit

Section 24 - Trespass by a Proprietor

Section 25 - Assessments Upon Proprietors

Section 26 - Collection of Assessments

Section 27 - Remedy for Injury to Land Caused by Beasts of Stranger

Section 28 - Apportionment of Fence Among Proprietors

Section 29 - Non-Use of Land; Liability for Maintenance or Assessment on Fence

Section 30 - Expenses of Apportionment and Maintenance

Section 31 - Repair of Fence by Other Proprietor

Section 32 - Recovery of Cost of Repairs; Double Damages

Section 33 - Emergency Repair of Fence; Recovery of Cost of Repairs

Section 34 - Enclosure by Proprietor of Own Land; Effect on Common Field

Section 35 - Maintenance of Boundaries Within General Field; Violation

Section 36 - Jurisdiction of Superior Court; Order to Fence

Section 37 - Fields Established by Court Order; Management

Section 38 - Division of General Field; Petition; Committee to Make Division

Section 39 - Division of General Field; Court Order

Section 40 - Discontinuance of a Common Field