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UNLAWFUL FENCING

Complaints were made at this time, that some of the inhabitants had fenced in, or were about to fence in, some part of the town's commons and certain watering-places; which acts, it was said, would prove very prejudicial to the freeholders, and tend to disturb the peace of their majestic subjects, the inhabitants of the town. It was therefore thought necessary to make a stringent order on the subject. . The town voted, that whoever had presumed thus to trespass, since the first Tuesday in October of the preceding year, or should do so in the future, should be forbidden by the selectmen to proceed any farther, and ordered to demolish every such fence that had already been built. It case of disobedience to these orders, the selectmen, with a justice of the peace, were to issue a warrant to a constable, to take a fine of 20s. of the offender, and a like sum for each day, until such fence should be demolished. In addition to this, the selectmen were impowered to prosecute, as a trespasser, any person thus offering, if they should think it advisable.

Six persons only dissented from the vote for such proceedings, namely: Joseph Smith, Robert Smith, Thomas Roby, Nathaniel Boulter, John Redman, Sen., and John Smith, the tailor.

At the same meeting, it was voted that, if any should desire a portion of land for the purpose of improving it, and should make and leave with the selectmen written proposals therefor, such proposals should be considered at the next meeting of the board.

A TWELVE MILE FENCE

At a commoners' meeting, March 22, 1694, a plan already devised, was matured, for building a long line of fence, to separate a considerable portion of the unimproved land from that which was wholly, or partially, under cultivation, for the purpose of forming, on each side of Taylor's river, a common pasture,where the proprietors might keep their "cows, year-olds, swine and sheep." At each of the pastures, a horse was also to be kept, for the use of the proprietors. It was agreed that the fence should be made the next winter, if the "authoritie" would grant them liberty to hand convenient fallgates where the fence would cross the country highways. Two committees were appointed, to determine where the fences should be built. The one for the town side consisted of Lieut. John Smith, John Marston and Josiah Sanborn, who were directed "to bound out where the fence should be made from about the Little Boar's Head to Taylor River." The committee for the Falls side were Mr. John Stanyan, Abraham Green and Sergt. Joseph Swett, who were to mark out the place of the fence from the river to Salisbury line. The whole extent of the fence, thus planned to be built, could not be less than ten or twelve miles.

NORTH DIVISION LAID OUT

The commoners, having several years before, voted,"that all the land four miles northerly of the Meeting-house should be laid out," it was now declared to be the true intent of that vote, that the southerly boundary of the tract to be laid out, should be four miles north of the meeting-house, and should run parallel with the boundary line on the northerly side of the tract, that is, the line between this town and Portsmouth. It was also ordered that this tract should be laid out by the men formerly appointed for that purpose; and when the work should be done the selectmen, with a justice of the peace, were to have power to assess the expenses on the owners of the lots laid out.

A committee of five men was chosen, to examine any man's right to shares in the cow-common, "by gift, will, purchase or inheritance, and if it appears to them to be a just right," to cause the same to be entered in the Town Book, together with the name of the former owner. The committee consisted of Mr. Henry Green, Mr.Nathaniel Weare, Capt. Henry Dow, Lieut. John Smith and Abraham Drake, Sen.

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