New Hampshire.

The compiled statutes of the state of New Hampshire: to which are prefixed ... online

. (page 32 of 80)
Online LibraryNew HampshireThe compiled statutes of the state of New Hampshire: to which are prefixed ... → online text (page 32 of 80)
Font size
QR-code for this ebook

pledge any such property by him mortgaged, without the consent
of the mortgagee in writing upon the back of the mortgage, and
on the margin of the record thereof in the office where such mort-
gage is recorded^ {R. &, sec. S.)

Bec 12. No mortgager shall execute any second or subsequent
mortgage of personal property, while the same is subject to a pre-
viouuy existing mortgage given by such mortgager, unless the fact
of the existence of such previous mortgage is set forth in the sub-
sequent mortgage. (iL iSL, sec. 9.\

Sec 13. If any mortgager shall be guilty of any offence
against either of the two sections preceding, he*^ shall be punished
by fine equal to double the value of the property so wrongfully
sold, pledged or mortraged, one half to the use of the party in-
jured and the other hau to the use of the county. (iL S.ySec^ 10.)

Digitized by



Sec. 14. Nothing in this chapter contained shall affect any
transfer of property under bottomry or respondentia bonds, or of
any ships or goods at sea or abroad, if the mortgagee shall take
possession thereof as soon as may be after their arrival in this
State. {IL &, sec. 11.)

Sec. 15. Every town clerk shall keep a book of records for
personal mortgages, at the expense of the town, shall record there-
in any mortgage, transfer, consent or discharge, or give a certified
copy thereof, when requested, upon payment of the fees therefor,
shall certify the time when the same is received and recorded, and
keep an alphabetical index of mortgagers and mortgagees, which
records and index shall be open to public inspection. {IL 8.^
see. 12.)

Sec 16. When the condition of any mortgage of personal
property has been broken, the mortgager may redeem the same by
paying or tendering to the mortgagee the amount due on sucn
mortage, with all reasonable expenses incurred by reason of such
breach of condition, at any time before a sale thereof as is herein-
after prescribed. {IL /S., sec. 13.)

Seo. 17. The mortgagee may at any time after thirty days
from the time of condition broken, sell the mortgaged property or
any part thereof, at public auction, notice of the time, place and
purposes of such sale being posted up at two or more public
places in the town in which such sale is to be, four days at least
prior thereto. {R. &, sec. 14.)

Sec 18. The mortgagee shall notify the mortgager of the
time and place of sale, either by notice in writing delivered to the
mortgager, or if a corporation, to the person on whom legal pro-
cess may be served, or left at his place of abode, (if within the
town) at least four days previous to the sale. If the mortgager
does not reside in the town, the posting up of notices as required
in the preceding section shall be sufficient {R. &, sec. 15.)

Sec 19. Such mortgagee may be a purchaser at such ssile, and
the proceeds of such sale shall be applied by him to the payment
of the demand secured by such mortgage, and the expenses of
keeping and sale; and the residue, if any, shall be paid to the
mortgager on demand. {R. &, sec. 16.)

Digitized by VjOOQ IC



[title XT.



Chapter 133 of the Revised Statates.
« 1116, Laws of 1851.


1. Laborers on veeMlfl to hare liei.
S. Sach lien, how secured.

3. Lien on buildings, when gjven.

4. Contract to be recorded.

5. Town clerk to file snch contract

6. Snch lien secured by attachment.

7. Subject to prior mortgage or attach-



8. Priority of liens, how determined.

9. Lien where contracts partly per-


10. Lien dischaiged by payment or ten-


11. Not to take effect nntil adopted by


Section 1. If any person shall perform any labor, or furnish
any material towards building, repairing, fitting or famishing any
vessel, either within this State, or which shaU come within the
limits of this State, before the same is completed, payment on
which is due, he shall have a lien therefor on such vessel for the
space of four days after the vessel is completed. {Laws of 1851,
chap. 1116.)

Sec 2. Such lien may be secured by attachment of the vessel
within said four days, and such attachment shall have precedence
of all Dther attachments and claims, except the lien for mariners'

Sec. 3. K any person under any written contract shall furnish
any labor or materials for erecting, repairing or altering any build-
ing, he shall have a lien therefor upon such house or building, and
upon the interest of the person for whom such labor and materials
are furnished, in the lot of land on which it stands, for the space
of thirty days after the payment of said labor or materials shall
become due by said contract.

Sec. 4. Such lien shall not attach, unless such contract is made
in writing expressing the terms thereof fully, and a true copy of
the same left with the town clerk of the town in which such house
or building is situate.

Sec 5. The town clerk shall receive such copy, minute there-
on the time when received, and keep the same on file, for which
he shall receive seventeen cents.

Sec 6. Such lien may be secured within the thirty days afore-
said, by an attachment of such building and land, and such attach-
ments shall have precedence of all attachments made where no
such lien exists, after the filing of such contract with the town

Digitized by


CHAP. 140.] ASBI0NMENT8. 297

Sec. 7. If the land on which each boilding is situate or to be
erected, is nnder mortgage or attachment at the time of filing the
copy of the contract as aforesaid, such prior mortgagee or attach-
ing creditor shall be preferred to the extent of the value of the
land and building at that time.

Sec 8. If two or more persons having such lien upon the
same property shall secure the same by attachment, they shall sev-
endly hold according to the priority of their several liens.

Sec 9. If the owner of such land or building shall have failed
to perform his part of any such contract, by reason whereof the
other party shall without his default have been prevented from
csompleting such contract, the latter shall have a lien on such build-
ing and land for such sum as is his due for what he has done.

Sec. 10. Any lien aforesaid may be discharged at any time by
the payment or tender of the amount due, together with the costs
of any attachment made to secure the same.

Sec 11. The provisions of this chapter shall not be in force
in any town, unless adopted by such town at some meeting called
for that purpose.



Chapter 134 of the Revised Statutes.


1. No assignment valid nnless distribn-
iion equal.


2. Assignments mnst be made nnder

Section 1. No assignment made for the benefit of the credit-
ors of any debtor making the same, shall be valid unless it pro-
vides for an equal distribution of all the estate, rights and credits
of such debtor among all his creditors in equal proportion to their
respective claims.

Sec 2. No such assignment shall be valid until the person
making the same, shall have made oath that he has placed and
assigned, and the true intention of bis assignment is to place in
the hands of his assignee all his property of every description,
except such as is by law exempted from attachment and execu-
tion, to be divided among all his creditors in proportion to their
respective claims.

Digitized by VjOOQ IC



[title XVI.





Chapter 141. Of mills and their repairs.

Chapter 142. Of fences and common fields.

Chapter 143. Of pounds and distraining of animals.

Chapter 144. Of floating timber and damages therefrom.

Chapter 145. Of strays and lost goods.

Chapter 146. Of coast survey.


Chapter 135 of the Revised Statutes.


1. Bepain in mills and dams, how made.
Mill owners may apply to selectmen. •
Facts to be stated in the application.
Notice of hearing, how given.
If party is a minor, married woman,

ward, tenant, 6bc.
Selectmen may order repairs, when.




7. On neglect, other owners may repair.

8. In case mill in two towns, pro<»ed-


9. Special contracts not affected.

10. ToUs, what allowed by law.

1 1 . Penalty for taking more.

Section 1. All necessary repairs in any mill, milldam or flume
owned by joint tenants or tenants in common, or in any milldam
or flume owned in severalty, when the privilege of the water is
owned jointly or in common, shall be made by such owners in
proportion to their respective interests therein.

Sec 2. When in the opinion of any owner of any part or
share of a mill, milldam or flume, it shall be necessary that such
mill, milldam or flume be rebuilt or repaired, and the other part
owners shall neglect to rebuild or repair the same immediately, he
may apply by petition in writing to the selectmen of the town in
which such mill, milldam or flume is situated, to appoint a time
and place of bearing thereon.

Sec 3. Such petition shall contain a description of the prem-
ises, of the names and shares of all persons interested therein who
are known, and of the object of the hearing, and a request that

Digitized by


CHAP. 141.] MILLS. 299

snch hearing may be appointed and notice thereof given accoiding
to law.

Sec. 4. The selectmen shall appoint a time and place of hear-
ing on snch petition, and shall notify all persons interested therein
by causing a true and attested copy of such notice to be given in
hand to or left at the usual place of abode of every such person,
at least fourteen days before the day of hearing, if such person is
known and is an inhabitant of this State, otherwise by causing
such notice to be posted up in two or more public places in the
town twenty days before the meeting, and published in some news-
paper printed in the same county, if any there be, if not, in some
adjoining county, three weeks successively, the last publication to
be not less than ten days before such day of meeting.

Sec 5. If any person interested is a minor, married woman,
tenant for life or years, mortgager or mortgagee in possession, or
person under guardianship, the guardian of such minor, the hus-
band of such married woman, such tenant, mortgager or mortgagee
in possession or guardian shall be notified as aforesaid, and shall
rate and contribute as if personally interested ; and any sum so
contributed and paid shall be a lien upon such estate and a legal
charge against the person for whom the same is paid.

Sec. 6. K upon any such hearing the selectmen or a majority
of them shall be of opinion that such milldam or flume ought to
be repaired or rebuilt, they shall order each delinquent part owner
to repair or rebuild his part or share thereof, in such manner and
within such time as they shall think reasonable, and to pay such
portion of the costs as they shall award ; but no order to rebuild
shall issue unless assented to by the owners of one half at least of
such mill, milldam or flume.

Sec 7. If any such delinquent shall not comply with such
order, any one or more of the other part owners may rebuild or
repair his part or share of such mill, milldam or flume, the cost of
which shall be appraised by the selectmen aforesaid and certified
by them, together with their own and all other fees, which sum
may be recovered of such delinquent with interest, if he receives
the benefit thereof, or otherwise shall be a lien upon such part, and
the rents and profits thereof, until such sum with interest thereon
at the rate of nine per cent., and all taxes and repairs shall be
repaid in full.

Sec 8. If such mill, milldam or flume shall be situate in more
than one town, petition shall be made to and acted upon by the
selectmen of all such towns, acting as one board.

Sec 9. If any special contract has been made by such part
owners respecting rebuilding or repairing any mill, milldam or
flume, it shall not be afiected by the provisions of this chapter.

Sec 10. The toll for grinding grain of any kind shall not be
more than one sixteenth part thereof, and for bolting not more
than one sixty-fourth part thereof. '*

Digitized by




[title XYU

Sec. 11. If any owner of any grist mill, or any person em*
ployed therein, shall take more toll than as aforesaid, he shall for-
feit for every offenoe five dollars, to be recovered by action of debt
in the name and to the use of the person injured thereby ; and
shall moreover be liable, at the snit of the party injured, for dama-




Chapter 136 of the Revised Statutes.



1. Partition fences supported equally.

2. DiTision of fences to be in writing,

and recorded.

3. Fence viewers may make division.

4. Fences, what are legal

5. Fence fiewers may direct repairs.

6. Owner of adjoining land may repair.

7. Fence yiewera to appraise snch fence.

8. Double value recovered by builder.

9. Owner improving to pay for fence.

10. Fence viewers to appraise the same.

11. Owner ceasing to improve, rights.

1 2. Party not repairing, liable for damages.

Sbctiok '.

13. Fenoe viewers to give notice.

14. How paid, who liable for costs.

15. Applications to be in writing.

16. Decisions of fence viewers to be final.

17. If fence in two towns, who act

18. Occupant to be deemed owner.

19. Fence viewer, penalty for neglect


20. Common fields, how fenced.

21. Fence may be assigned, how.

22. Taxes may be raised for repairs.

23. Bounds to be renewed, when.


Section 1. The owners of adjoining lands, under improve-
ment, shall build and repair the partition fence between them in
equal shares.

Sec. 2. Any division of such fence made by the parties in
writing and recorded in the town records, shall be forever binding
upon the parties and all succeeding owners and occupants of the

Sec. 3. If the parties shall not agree upon a division, the fence
viewers of the town, upon application, shall make such division,
which, being recorded in the town records,*shall be of the same
force as a division made by the parties, and a copy of such record
shall be evidence.

Sec. 4. All fences four feet high and in good repair, consisting
of rails, timber, boards or stone walls, and all brooks, rivers, ponds,
creeks, ditches, hedges and other things deemed by the fence view-

Digitized by


CHAP. 142.] FENCES. 801

eis to be equivalent thereto) shall be acconnted legal and sufficient

Sec. 5. The fence viewers, upon application of either party,
shall view any fence aUeged to be insufficient, and if they judge
the scune to be insufficient, they shall limit a time for the building
or repair of the same, and give notice to the delinquent party to
build or repair the same within the time so limited.

Sec. 6. If the party so notified shall not build or repair such
fence within the time so limited, the owner of the adjoining land
may build or repair the same.

Sec 7. The fence viewers, upon application, shall view the
fence so built or repaired, and if they judge the same and the
residue of the fence between the same owners, upon the same
tract of land, to be sufficient, they shall appraise the fence so built
or repaired.

Sec. 8. The person so building or repairing such fence, shall
have the right to demand and recover double the said appraised
value thereof of the delinquent party, with costs of suit, in an
action of assumpsit for labor and materials.

Sec. 9. If the owner of land shall have improved the same
before the owner of adjoining land, and erected a division fence,
he shall be entitled to demand and recover of such owner of the
adjoining land where he shall begin to improve, the value of such
part of the fence as upon any division of the fence then or pre-
viously made by the parties or the fence viewers, it was his duty
to build.

Sec. 10. In the case aforesaid, if the parties do not agree, the
fence viewers, on application, shall appraise such fence, and the
party shall recover the value agreed upon or appraised in an action
of assumpsit for so much fence sold, if the same is not paid in
thirty days after a demand thereof is made.

Sec 11. If any of the owners of adjoining land shall cease to
improve his land, or shall lay the same in common, he shall not
have a right to remove his part of the fence, but shall be under no
obligation to repair or rebuild the same, so long as said land shall
lay in common.

Sec. 12. The party neglecting to build or keep in repair any
partition fence which he is bound to maintain, shall be liable for
all damages arising from such neglect, and shall have no remedy
for any damages happening to himself therefrom.

Sec 13. The fence viewers shall give notice in writing to the
other party interested therein of every application and of the time
and place appointed for considering the same, shall hear the par-
ties, if they attend, and their evidence, and shall reduce their
decision to v^iting, which shall be signed, and they shall cause a
copy thereof to be given to each of the parties within one week.

Sec. 14. Each fence viewer shall be allowed one dollar per
day for his services, to be paid by the party making the applica-
tion, and he shall be entitled to demand and recover the one half

Digitized by



thereof of the other party in an action of assumpsit for money
paid for his use, unless in the opinion of the fence viewers justice
requires a different division of the costs, in which case they may
so order.

Sec. 15. Every application to the fence viewers shall be in
writing, and one application may embrace so many subjects as
from the nature of the case may be acted upon at one meeting.

Sec 16. The decision of the fence viewers, upon their being
duly sworn before a justice that they have acted impartially,
uprightly and to the best of their judgment, shall be final and
conclusive upon the parties.

Sec. 17. K the fence in controversy is situate on the line of
two towns, the application shall be made to the fence viewers of
the town in which the parties reside ; if they reside in different
towns, then to the fence viewers of that town in which the appli«
cant does not reside.

Sec. 18. The actual occupant of any land shall be deemed
the owner thereof for any of the purposes of this chapter.

Sec 19. If any fence viewer, without suiOicient cause, shall
neglect to attend and perform any of the duties required by law,
he shall forfeit six dollars to any person who will sue for the same.


Sec 20. When several owners of land have agreed or shall
agree to improve the same in one common field, any justice, on
application of two or more owners, may call a meeting of such
owners, and the majority of them when met may determine in
what manner the same shall be fenced.

Sec 21. They may, in such way as they judge equitable,
assign to each owner the share of fence to be erected and main-
tained by him, and such assignment being recorded in the town
records, every such owner and all succeeding occupants of his land
shall be forever subject to all such liabilities in relation thereto, as
he would be if the same were a partition fence of his own land.

Sec 22. Such owners may agree to erect and maintain such
common fence by a tax, and thereupon they may adopt by-laws,
and their officers shall have power in conformity to such by-laws
to assess and collect such taxes.

Sec 23. Owners of lands in common fields, or where there is
no partition fence, shall once in every five years, on six days' notice
previously given, run the lines and mark and renew the bounds
between them, on penalty of forfeiting five dollars for each neglect,
for the use of the person giving such notice.

Digitized by


OHAP. 143.]





Chapter 137 of the Revised Statutes.




Cattle may be impounded, when.


Surplus returned to owner on re-


Where catde maj be iropoanded.



Estimate of damages to be left with


Creatures impounded treated as

the pound keeper.



Notice to owner, what and how given.



If owner unknown, notice how given.



If damages paid, creatures discharged.


Creatures rescued may be re-taken.


Appraisers may be appointed, how.


Possession of creatures, eyidence of


" to make report, effect

pound breach, when.



Creatures impounded to be fed.

to be discharged.


Pay for food regulated.


Application for sale may be made


Fees of pound keeper.

after four days.


** of persons impounding.


Justice may order sale or appraisal.

Section 1. Any person may impound any swine, neat cattle,
horses, sheep or other creatures that shall be found doing damage
in his enclosure, or any such creature found going at large in any
highway or street, or on any common in violation of the laws of
the State or any by-laws of such town.

Sbc. 2. Such creatures shall be impounded in the public pound
if there is any in the town, otherwise they may be impounded by
the party taking up such creatures, in his own barn or enclosure.

Sec. 3. The person impounding any creatures, shall leave with
the pound keeper in writing an estimate of the damage done by
such creatures, or of the penalty incurred by the owner, and the
amount of the fees and charges incurred.

Sec 4. He shall within twenty-four hours from the time of
impounding, cause to be delivered to the owner or person who last
had them in his possession or keeping, if known to him, or cause
to be left at his usual place of abode, a notice in writing describ-
ing the creatures impounded, stating his estimate of the damage
done, and the time when and the place where the same was done,
or of the penalty incurred, the amount of fees and charges there
incurred and the place of impounding.

Sec. 5. When the owner or keeper of any creatures impound-
ed, is not known, the person impounding the same, shall within
the same time post up a like notice in some public place in the
town and in two adjoining towns.

Digitized by


804 - POUNDS. [title XVI.

Sec. 6. 1£ the owner or any party claiming snch creatures,
shall pay the penalty or estimated damages and charges incurred
to the person impounding, or to the pound keeper, the creatures
impounded shall be forthwith discharged from such pound.

Sec. 7. If the owner or party claiming such creatures, shall
neglect for the space of forty-eight hours or shall refuse to pay the
damages estimated by the person impounding the same, either of
said parties may apply to some justice of the peace, who shall
notify the other party to appear before him at a time and place
appointed as early as practicable, and after hearing the parties
shall appoint three disinterested persons to appraise such damages.

Sec. 8. The appraisers so appointed shall notify the parties,
and as early as practicable view the place where the damage is
alleged to be done, and hear the parties and their evidence, and
report to the justice whether any damage was done by such crea-
tures, at the time of their last being in such enclosure only, and
the sum at which they estimate the same ; and such report signed
by a majority of such appraisers, shall be conclusive upon the par-

Sec. 9. Upon payment of the damages so appraised and the
charges incurred, with the fees of the justice and appraisers, to be
assessed by the justice, such creatures shall be discharged from the

Sec 10. If such creatures impounded shall remain in the
pound for four days, after the day of such notice being given or
posted as aforesaid, the person impounding the same may apply
to a justice for an appraisal of the damages, if no appraisal has
been made, and for an order for the sale or appraisal of such prop-

Sec 11. The justice after notice and hearing the parties, may
order such creatures or so many of them as may be necessary, to
be sold at public auction by the person impounding the same, who

Online LibraryNew HampshireThe compiled statutes of the state of New Hampshire: to which are prefixed ... → online text (page 32 of 80)