the boundary line of any lands owned, controlled, or
administered by the commonwealth, direct a view to be had of the
place where such road is requested, and a report thereof to be
made, in the same manner as is directed by the said act of
thirteenth june, one thousand eight hundred and thirty-six.
Section 12. Proceedings on report of viewers
If it shall appear by the report of viewers to the court
directing the view, that such road is necessary, the said court
shall direct what breadth the road so reported shall be opened,
and the proceedings in such cases shall be entered on record, as
before directed, and thenceforth such road shall be deemed and
taken to be a lawful private road.
Section 13. Gates
In all cases of a private road, it shall be lawful for the
owners of the land over which the same may be laid out or
authorized, to apply to the court aforesaid for leave to hang
and maintain at their own expense, swinging gates across the
road, and thereupon the court shall direct the viewers appointed
to view such road, or in case the road has been already laid
out, may appoint other viewers in manner aforesaid, to inquire
and report whether the same may be done without much
inconvenience to the persons using such road.
Section 14. When gates shall be erected
If it shall appear to the court that a gate or gates may be
hung as aforesaid, according to the prayer of the party, without
much inconvenience to the person or persons using such road,
they shall decree accordingly, and in such decree they shall
order and direct that such gate or gates be made and kept in
repair, and made easy for passing, by the respective owners of
said land.
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