Agreement of Proprietors of Poquabuck Meadows to Support and Maintain the Fence
We, the subscribers, being proprietors of the land, lying in Poquabuck Meadows in the New Pasture, so-called, do obligate ourselves, to support and maintain the fence enclosing said lands, in manner and form as followeth, namely
Article First
Each proprietor of said lands to erect a good four rail fence in proportion to the number of acres he or they may own in said pasture till the whole is enclosed.
Article Second
Each proprietor to put up his fence every year by the 10th day of April and support the same from that time until the first day of December following in good order.
Article Third
The proprietors further agree that in case any part of the fence enclosing said pasture shall fail or get out of repair in the course of the summer season, twelve hours notice given to the proprietors of said fence insufficient shall be deemed legal notice and in case of any delinquency of the proprietors of said lands in erection their several proportions of said fence by the 10th day of April annually, three-days notice after that time shall be considered sufficient notice to the proprietors aforesaid.
Article Fourth
The proprietors further agree to appoint Captain Timothy Root and John Mix, Esq., and judge of the fence as agreed in the articles before mentioned, and in case of the neglect, or failure of any of the proprietors to make and support their proportion of said fence, we, the proprietors, do empower and direct one said committee after notice given as heretofore mentioned, to any delinquents, to erect good and sufficient fence and charge over the same on book, which may be sued and recovered in law the same as any regular book charge.
These articles of agreement to be and remain in full force in law for ten years from the date hereof, witness the proprietors' hands,
March 11, 1793
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5 acres
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Solomon and Zenas Cowles
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19 acres, 6 acres parsonage
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13 ¼ acres
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4 acres
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5 acres
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The following articles are to be considered as an addition to the foregoing, namely, that when any proprietor or proprietors shall want bars through the fence of another, he or they so wanting them shall be at the expense of supporting those which are good and sufficient, and when any proprietor shall have any fence or bars down where he shall pass, and creatures get in and do damage by such carelessness and neglect, the said proprietor shall be accountable for all damage so done. When any fence shall be broken, cut, or thrown down, the proprietor shall bear an equal proportion of the expense that may arise for prosecuting any person so trespassing, according to their respective propriety, and it shall be the duty of every proprietor to use his endeavor to detect such trespasser.
No proprietor shall turn his team or horses when plowing on his neighbour's land without his particular permission nor bait his cattle, horse or any other creature in the spring season on any land but his own.
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3 ½ acres
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John Mix
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Timothy Root
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Ezekiel Cowles, Jr.
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Zenas Cowles
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and 6
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Timothy Andrews
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In addition to the foregoing articles, we further agree that no proprietor shall bait any creature in the fall season on any part of the enclosure, except teams that are employed there at work.
Timothy Root
Thomas Lewis agrees to the last article
William Wadsworth
Zenas Cowles
John Mix
Ezekiel Cowles, Jr.
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Endorsement:
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Articles of Agreement between the proprietors of the New Pasture
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Cataloguing:
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75832
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