Section 9. If lands of different persons, required under this chapter to be fenced, are divided by a river, brook, pond or creek, and one of the occupants refuses or neglects to join in making a partition fence, or they disagree respecting the same, the fence viewers shall, upon application, forthwith view such river, brook, pond or creek; and if they determine that it is not sufficient as a fence, that it is impracticable to fence on the true boundary line without unreasonable expense, and that a partition fence is required, they shall, after notice to the parties, determine how or on which side the fence shall be set up and maintained, or whether partly on the one side and partly on the other, as to them may appear just, and shall reduce their determination to writing; and if either party refuses or neglects to make and maintain his part of the fence according to such determination, it may be made and maintained as before provided, and the delinquent party shall be subject to the same costs and charges, and they shall be recovered in like manner.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title VII - Cities, Towns and Districts
Chapter 49 - Fences, Fence Viewers, Pounds and Field Drivers
Section 1 - Fence Viewers; Appointment; Tenure
Section 2 - Definition of Fences
Section 3 - Maintenance of Partition Fences
Section 4 - Failure to Maintain Partition Fence; Proceedings by Adjoining Occupant
Section 5 - Remedy for Repair of Deficient Fence
Section 6 - Disputes Regarding Repairs; Arbitration
Section 7 - Remedy for Repair of Deficient Fence Assigned by Fence Viewers
Section 8 - Remedy for Repairing More Than Just Share of Partition Fence
Section 9 - Construction and Maintenance of Fences Between Lands Divided by a River
Section 10 - Fences on Lands Owned in Severalty and Occupied in Common; Construction
Section 11 - Maintenance of Fences Surrounding Land Laying Common
Section 12 - Purchase of Rights in Fence
Section 13 - Enclosing of Formerly Unenclosed Land; Liability of Owner; Exception
Section 14 - Boundary Disputes
Section 15 - Rebuilding of Fence on True Boundary; Duties of Adjoining Owners
Section 16 - Fence Viewers; Jurisdiction Where Fence Is on Town Boundary
Section 18 - Fence Viewers; Powers
Section 19 - Penalty for Misfeasance
Section 21 - Fences Deemed a Private Nuisance; Right of Action
Section 22 - Pounds; Establishment; Appointment of Keeper
Section 23 - Pounds; Penalty for Injuring
Section 24 - Duties of Field Driver; Taking Up Untended Animals
Section 25 - Duties of Keeper; Impounding of Untended Animals
Section 26 - Fees of Field Driver and Pound Keeper
Section 28 - Use of Premises of Field Driver for Keeping Impounded Animals; Conditions
Section 29 - Remedies for Damage Done by Untended Animals
Section 30 - Care of Distrained Animals
Section 31 - Duties of Distrainor
Section 32 - Release of Distrained Animals; Conditions
Section 33 - Notice of Impounding
Section 34 - Publication of Notice of Impounding
Section 35 - Determination of Amount of Damages in Dispute
Section 36 - Procedure for Settlement of Claim
Section 37 - Sale of Animals to Satisfy Claim
Section 38 - Disposition of Proceeds
Section 39 - Escaped or Rescued Animals; Right to Retake