Chapter 303

Section 303:1

    303:1 Bylaws. – The proprietors of common lands in any town, at a legal meeting thereof, may provide a mode for calling future meetings, choosing officers, laying assessments and transacting other business concerning such propriety, and may establish bylaws therefor.

Source. RS 143:1. CS 151:1. GS 142:1. GL 156:1. PS 154:1. PL 235:1. RL 284:1.

Section 303:2

    303:2 Meetings. – All proprietary meetings and adjournments thereof, for a town having 50 or more families settled and resident therein, shall be holden in the town; and for all towns having a less number of families settled therein, in the town, or in the nearest town in the same county having such number, or in the shire town of the county.

Source. RS 143:2. CS 151:2. GS 142:2. GL 156:2. PS 154:2. PL 235:2. RL 284:2.

Section 303:3

    303:3 Officers. – At a legal meeting holden for the purpose, the proprietors may choose a clerk and treasurer and such other officers as they shall deem necessary, and may prescribe their powers and duties, which officers shall be sworn, and hold office until others are duly chosen and qualified in their stead.

Source. RS 143:3. CS 151:3. GS 142:3. GL 156:3. PS 154:3. PL 235:3. RL 284:3.

Section 303:4

    303:4 Qualifications. – All proprietary officers shall be inhabitants of the state, and whenever any officer ceases to be such inhabitant his office shall thereupon cease. The proprietors' clerk, for each town having 50 or more families, shall reside in the town.

Source. RS 143:4. CS 151:4. GS 142:4. GL 156:4. PS 154:4. PL 235:4. RL 284:4.

Section 303:5

    303:5 Voting. – Each proprietor, at a proprietary meeting, shall be entitled to vote upon the shares held by him, as follows: upon 2 shares or less, one vote each; upon every 2 shares exceeding 2 and not exceeding 10, one vote; upon every 4 shares exceeding 10 and not exceeding 30, one vote; upon every 6 shares exceeding 30 and not exceeding 60, one vote; and upon every 8 shares exceeding 60, one vote. If 2 or more persons are the joint proprietors of one or more shares they, or any one of them, may vote according to their interest therein in the same manner.

Source. RS 143:5. CS 151:5. GS 142:5. GL 156:5. PS 154:5. PL 235:5. RL 284:5.

Section 303:6

    303:6 Assessments. – The proprietors, at a legal meeting, may vote to raise such sum of money as may be necessary to defray all proprietary charges, and may choose persons to assess and collect the same; and the interest and estate of every proprietor in the lands lying in common and not in severalty shall be liable to pay such assessment.

Source. RS 143:6. CS 151:6. GS 142:6. GL 156:6. PS 154:6. PL 235:6. RL 284:6.

Section 303:7

    303:7 Apportionment; Warrant. – The assessors shall apportion the assessment among the original rights of the proprietors, and shall commit the list of the assessments to the collector, with a warrant or precept, under seal, setting forth his duty, the time for completing the collection and to whom the money is to be paid.

Source. RS 143:7. CS 151:7. GS 142:7. GL 156:7. PS 154:7. PL 235:7. RL 284:7.

Section 303:8

    303:8 Notice. – The collector shall give notice of such assessments and of the time and place of payment thereof, and of the fact that a levy will be made upon the interest of any proprietor who does not pay his assessment accordingly for the amount thereof and incidental charges, by publishing such notice 3 weeks successively, the last publication to be 14 days at least before the day fixed for such payment, and by posting a like notice in the town or place wherein the lands lie (if within any settled town), 5 weeks at least before the day of payment, the expense of which shall be paid by the proprietors.

Source. RS 143:8. CS 151:8. GS 142:8. GL 156:8. PS 154:8. PL 235:8. RL 284:8.

Section 303:9

    303:9 Advertising Sale. – If any proprietor shall not pay his assessment at the time specified in the notice the collector shall advertise for sale at auction so much of the delinquent's land or right as will pay the assessment and all incidental expenses, by publishing a notice of the time and place of the sale, together with the name of the proprietor and the amount of his assessment, and by posting a like advertisement for the same space of time in the town wherein the land lies, if such town is settled.

Source. RS 143:9. CS 151:9. GS 142:9. GL 156:9. PS 154:9. PL 235:9. RL 284:9.

Section 303:10

    303:10 Sale. – If the assessment and all incidental charges shall not be paid at or before the time of sale the collector shall proceed to make sale at auction of so much of the delinquent's land or right as will pay the same and incidental charges.

Source. RS 143:10. CS 151:10. GS 142:10. GL 156:10. PS 154:10. PL 235:10. RL 284:10.

Section 303:11

    303:11 Place of Sale. – All such auctions shall be holden in the town in which the proprietors' meetings are required to be holden, and shall take place between the hours of 10 in the forenoon and 6 in the afternoon.

Source. RS 143:11. CS 151:11. GS 142:11. GL 156:11. PS 154:11. PL 235:11. RL 284:11.

Section 303:12

    303:12 Sale of Part Shares. – If more than one person is interested in any right or share, and any such part owner shall be delinquent in the payment of any assessment, his interest in such right or share may be sold in the manner hereinbefore provided.

Source. RS 143:12. CS 151:12. GS 142:12. GL 156:12. PS 154:12. PL 235:12. RL 284:12.

Section 303:13

    303:13 Redemption. – Each proprietor of lands or rights so sold, his heirs or any person interested therein may redeem the same at any time within one year from the sale thereof, by paying or tendering to the collector, his executor or administrator, or, in his absence, at the usual place of abode of the collector, his executor or administrator, a sum equal to such assessment and the incidental charges of the sale, and interest at the rate of 12 percent per annum thereon from the day of sale, which shall be for the benefit of the purchaser.

Source. RS 143:13. CS 151:13. GS 142:13. GL 156:13. PS 154:13. PL 235:13. RL 284:13.

Section 303:14

    303:14 Collector's Deed. – If the land or rights sold shall not be redeemed within one year from the day of sale, the collector shall execute to the purchaser a good and valid deed of conveyance thereof; but no such deed shall be executed until the time of redemption has expired. If any proprietors' collector shall die, remove from the state or in any way be rendered incapable of completing the duty of his office, his successors respectively may complete the same.

Source. RS 143:14. CS 151:14. GS 142:14. GL 156:14. PS 154:14. PL 235:14. RL 284:14.

Section 303:15

    303:15 Confirmatory Votes. – The proprietors, at any legal meeting, may confirm, ratify and establish any grants, conveyances, votes and transactions by them designed and intended to be made, done, performed or transacted, agreeably to such design, intention and aim, notwithstanding any want of legal form or proper terms or any defect in relation thereto.

Source. RS 143:15. CS 151:15. GS 142:15. GL 156:15. PS 154:15. PL 235:15. RL 284:15.

Section 303:16

    303:16 Masonian Proprietors. – The owners of the common and undivided lands purchased by John Tufton Mason, deceased, commonly called the Masonian proprietors, may hold their proprietary meetings at Portsmouth; and all proceedings of such proprietors at meetings so held shall be valid. Such meetings, except as to the place of holding the same, shall be holden agreeably to the provisions of the laws regulating proprietors' meetings.

Source. RS 143:27. CS 151:27. GS 142:27. GL 156:27. PS 154:26. PL 235:16. RL 284:16.

Section 303:17

    303:17 Warning Meeting by Justice. – When by mistake or accident, or otherwise, the proprietors of common lands fail to hold their annual meeting, or where no mode for calling special meetings is provided, one or more of the proprietors may apply in writing to any justice of the peace, requesting him to call a meeting.

Source. 1846, 334:1. CS 151:28. GS 142:28. GL 156:28. PS 154:27. 1921, 78:1. PL 235:17. RL 284:17.

Section 303:18

    303:18 Warrant. – The justice shall thereupon issue his warrant, calling such meeting at such time and place, not inconsistent with the provisions of this chapter, as he shall judge proper; which application and warrant shall be published in some newspaper printed in the county in which a major part of the proprietors reside, or in which such common lands are located.

Source. 1846, 334:1. CS 151:28. GS 142:28. GL 156:28. PS 154:27. 1903, 27:1. 1921, 78:1. PL 235:18. RL 284:18.

Section 303:19

    303:19 Meeting Valid. – The meeting thus called and holden shall be valid, and when assembled shall be governed in all respects according to the requirements of this chapter.

Source. 1846, 334:1. CS 151:28. GS 142:28. GL 156:28. PS 154:27. 1921, 78:1. PL 235:19. RL 284:19.

Section 303:20

    303:20 Copies of Proprietors' Records. – Every proprietors' clerk, upon payment or tender of the fees therefor, shall furnish to any person applying a true and attested copy of any proprietary record in his possession.

Source. RS 143:16. CS 151:16. GS 142:16. GL 156:16. PS 154:16. PL 235:20. RL 284:20.

Section 303:21

    303:21 Custody of Records. – If in any town having 50 families or more settled therein there is no clerk of the proprietors of the common lands lying in such towns residing therein, the town clerk thereof shall demand and receive the proprietary records of any person having the possession thereof, and shall keep the same with the records of the town; and any person having possession thereof shall deliver the same to such town clerk.

Source. RS 143:17. CS 151:7. GS 142:17. GL 156:17. PS 154:17. PL 235:21. RL 284:21.

Section 303:22

    303:22 Lands in 2 Towns. – If such proprietary records relate to lands lying in more towns than one, they shall be deposited in the office of the town clerk of the town first incorporated or in the office of the secretary of state.

Source. RS 143:18. CS 151:18. GS 142:18. GL 156:18. PS 154:18. PL 235:22. RL 284:22.

Section 303:23

    303:23 Records Filed With Secretary of State. – When the propriety of any town is dissolved, or when the meeting of the proprietors of any common and undivided lands shall be dissolved, and the clerk thereof shall resign, decease or become incapacitated, any person, the town clerk of any town having 50 or more families excepted, having in his possession any record or document appertaining to such propriety, shall file and deposit it with the secretary of state, who may demand and receive the same.

Source. RS 143:19. CS 151:19. GS 142:19. GL 156:19. PS 154:19. PL 235:32. RL 284:23.

Section 303:24

    303:24 Redelivery of Records to Town. – Whenever there are 50 families in any such town, and the town votes that the town clerk shall keep such records and documents, or whenever the proprietors duly appoint a clerk thereof, the secretary shall deliver to the town clerk or proprietors' clerk, on demand, the records and documents to him belonging, taking his receipt therefor.

Source. RS 143:20. CS 151:20. GS 142:20. GL 156:20. PS 154:20. PL 235:24. RL 284:24.

Section 303:25

    303:25 Penalty for Violating Provisions as to Records. – If any person shall wilfully retain or keep any records or documents appertaining to the propriety of any common and undivided lands, contrary to the provisions of RSA 303:21 through 24, he shall be fined $100.

Source. RS 143:21. CS 151:21. GS 142:21. GL 156:21. PS 154:21. PL 235:25. RL 284:25.

Section 303:26

    303:26 Custodian's Copies of Records. – While the records and documents aforesaid are in possession of the secretary of state or of any town clerk, he shall make out, certify and deliver copies of any part thereof, when required, upon the payment or tender of the legal fees therefor.

Source. RS 143:22. CS 151:22. GS 142:22. GL 156:22. PS 154:22. PL 235:26. RL 284:26.

Section 303:27

    303:27 Effect. – All copies of such records and documents so made and certified shall be as effectual to all intents and purposes as copies by other certifying officers.

Source. RS 143:23. CS 151:23. GS 142:23. GL 156:23. PS 154:23. PL 235:27. RL 284:27.

Section 303:28

    303:28 Neglect to Make. – If the secretary of state, or any town or proprietors' clerk, shall not, within a reasonable time after the payment or tender of his fees therefor, make out, certify and deliver to any person a copy of any such record or documents in his possession he shall be fined $100, and be liable for all damages sustained by such neglect or refusal.

Source. RS 143:25. CS 151:25. GS 142:25. GL 156:25. PS 154:24. PL 235:28. RL 284:28.

Section 303:29

    303:29 Secreting Board, Etc. – Any person who shall wilfully secrete or destroy any proprietary record or document, or shall carry any such record or document out of the state, shall be liable for damages to any person injured thereby, and shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.

Source. RS 143:26. CS 151:26. GS 142:26. GL 156:26. PS 154:25. PL 235:29. RL 284:29. RSA 303:29. 1973, 530:47, eff. Oct. 31, 1973 at 11:59 p.m.