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
Part I - Administration of the Government
Chapter 179 - Proprietors of Wharves, Real Estate Lying in Common, and General Fields
Section 2 - Notice of Organizational Meeting
Section 3 - Formation of Corporation; Selection of Officers; Certification of Organization
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 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 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