writing left at their usual respective places of residence, to all persons assessed to work on the highways, and residing within the limits of their respective districts, of the time and place when and where they are to appear for that purpose, and with what implements; but no person being a resident of the town shall be required to work on any highway other than in the district in which he resides, unless Ire shall elect to work in some district where he has any land; and in such case, he may, with the approbation of the commissioners of highways, apply the work assessed in respect to such land, in the district where the same is situated.

Work or

tion.

S24. Every person liable to work on the highways, shall work the whole number of days for which he shall have been commuta assessed, if required by the overseer of the district where he resides; but every such person other than an overseer, may elect to commute for the same or for some part thereof, at the rate of fifty cents for each day; in which case, such commutation money shall be paid to the overseer of highways of the district in which the person commuting shall reside, to be applied and expended by such overseer in repairing and improving the roads and bridges in the same district.

how paid.

$25. Every person intending, to commute for his assess- Commutament, or for any part thereof, shall, within twenty-four hours tion money after he shall be notified to appear and work on the highways, pay the commutation money for the work required of him by such notice; and the commutation shall not be considered as complete, until such monies be paid.

team, &c.

$26. Every overseer of highways shall have power to re- Overseer quire a team, a cart, wagon or plough, with a pair of horses or may require a oxen, and a man to manage them, from any person having the same in his district, who shall have been assessed three days or more, and who shall not have commuted for his assessment ; and the person furnishing the same upon such requisition, shall be entitled to a credit of three days for each day's service therewith.

S 27. Every person assessed to work on the highway, and Days work warned to work, may appear in person, or by an able-bodied 8 hours.. man as a substitute; and the person or substitute so appearing, shall actually work eight hours in each day, under the penalty of twelve and an half cents for every hour such person or substitute, after appearing, shall absent himself, to be imposed as a fine on the person assessed.

$28. If any such person, or his substitute, shall, after ap- Penalty. pearing, remain idle, or not work faithfully, or hinder others from working, such offender shall, for every such offence, forfeit the sum of one dollar.

Penalties.

Complaint to one of the

justices.

Duty of justice.

Fine.

Constable to collect fine levied.

Set off.

$ 29. Every person so assessed and duly notified, who shall not commute, and who shall refuse or neglect to appear as above provided, shall forfeit, for every day's refusal or neglect, the sum of one dollar.

If he was required to furnish a team, carriage, man, or implements, and shall refuse or neglect to comply, he shall be fined as follows:

1. For wholly omitting to comply with such requisitions, three dollars for each day.

2. For omitting to furnish a cart, wagon or plough, one dollar for each day.

3. For omitting to furnish a pair of horses or oxen, one dollar for each day.

4. For omitting to furnish a man to manage the team, one dollar for each day.

$ 30. It shall be the duty of every overseer of highways, within six days after any person so assessed and notified shall be guilty of any refusal or neglect, for which a penalty or fine is prescribed in this act, unless a satisfactory excuse shall be rendered to him for such refusal or neglect, to make complaint on oath to one of the justices of the peace of the town.

$31. The justice to whom such complaint shall be made, shall forthwith issue a summons, directed to any constable of the town, requiring him to summon such delinquent to appear forthwith before such justice, at some place to be specified in the summons, to show cause why he should not be fined according to law, for such refusal or neglect; which summons shall be served personally.

$32. If, upon the return of such summons, no sufficient cause be shown to the contrary, the justice shall impose such fine as is provided in this act, for the offence complained of; and shall forthwith issue a warrant under his hand and seal, directed to any constable of the town where such delinquent shall reside, commanding him to levy such fine, with the costs of the proceedings, on the goods and chattels of such delinquent.

He

$ 33. The constable to whom such warrant shall be directed, shall forthwith collect the monies therein mentioned. shall pay the fine, when collected, to the justice who issued the warrant, who is hereby required to pay the same to the overseer who entered the complaint, to be by him expended in repairing and improving the roads and bridges in the district of which he is overseer.

and

$34. Every penalty for a refusal or neglect to appear work on the highways, shall be set off against the assessment upon which it was founded, estimating every dollar collected as a satisfaction for one day's work.

neglect.

$35. The acceptance, by an overseer, of any excuse for Refusal or refusal or neglect, shall not, in any case, exempt the person excused from commuting for or working the whole number of days for which he shall have been assessed during the year.

account

$36. Every overseer of highways shall, on the second Overseers to Tuesday next preceding the time of holding the annual town- annually. meeting in his town, within the year for which he is elected or appointed, render to one of the commissioners of highways of the town, an account in writing, verified by his oath or affirmation, and containing,

1. The names of all persons assessed to work on the highways in the district of which he is overseer.

2. The names of all those who have actually worked on the highways, with the number of days they have so worked.

3. The names of all those who have been fined, and the sums they have been fined.

4. The names of all those who have commuted, and the manner in which the monies arising from fines and commutations have been expended by him.

money.

$37. Every such overseer shall also then and there pay to To pay over the said commissioner all monies remaining in his hands unexpended, to be applied by the commissioner in making and. improving the roads and bridges in the district to which such overseer shall belong, in such manner as they shall direct.

$38. If any overseer shall refuse or neglect to render such Penalty.} accounts, or if, having rendered the same, he shall refuse or neglect to pay any balance which may then be due from him, he shall, for every such offence, forfeit the sum of five dollars, to be recovered, with the balance of monies remaining in his hands, by the commissioners of highways of the town, and to be applied in making and improving the roads and bridges. It shall be the duty of the commissioners of highways to prosecute for such penalty, in every instance in which no return is made.

ARTICLE FOURTH.

Of private road districts.

Private

$39. The commissioners of highways may, at their first meeting subsequent to their election, assign to any person or districts. persons residing within their respective towns, with his or their consent, for a period not exceeding ten years, a section of the public highways through, contiguous to, or adjoining the lands of such person or persons, the requisite highway labor on which will, in the opinion of the commissioners, be equivalent to the highway labor which such person or persons would otherwise be required to perform, to be worked by such person or persons as a private district.

Description thereof.

To be work

$ 40. The commissioners shall make out, subscribe, and file in the office of the town clerk, a description of such private district, and a statement of the length of time for which they shall have assigned the same; to which shall be added, the written consent of the person or persons to whom the same shall have been assigned, subscribed by him or them.

$41. Such person or persons shall repair and keep in order ed and kept the highways and bridges in such private district, and shall at all times work on the same, when required so to do by the said commissioners or either of them.

in repair.

Exemption.

Penalty.

May be annexed to a public district

Duty of town elerks.

$42. No person or persons to whom a private road district shall have been assigned, shall be compelled to work on any of the highways in any other district of the town where he or they reside, during the continuance of the term, unless he or they shall have been convicted for the penalty mentioned in the next section following.

$43. If such person or persons shall neglect or refuse to put any part of the highway, or any bridge in his or their private district, in good repair, within a reasonable time after being notified or required so to do by the commissioners of highways or either of them, he or they shall forfeit and pay to such commissioners the sum of ten dollars, to be recovered by them, with costs of suit, and to be applied by them to the repairing and improving of the highways and bridges in the district in which such person or persons shall reside.

$ 44. Whenever the penalty mentioned in the last preceding section shall be recovered, it shall be the duty of the commissioners recovering the same, to annex such private district to an adjoining public district; and the person or persons to whom such private district may have been assigned, shall thenceforward be rated and compelled to work on the highways in such public district.

ARTICLE FIFTH.

Of the laying out of public and private roads, and of the alteration or discontinuance of them.

$45. It shall be the duty of the town clerk, whenever any order of the commissioners for laying out, altering or discontinuing a road, or determining that a road has become a public highway, by having been used for a period of twenty years or more preceding the twenty-first day of March seventeen hundred and ninety-seven, shall be received by him, to post a copy of such order on the door of the house where the annual townmeeting in such town was last held; and the time hereinafter limited for appealing from any such order, shall be computed from the time of posting the same.

road being

orchard or

$46. No public or private road shall be laid out through In case of any orchard or garden, without the consent of the owner there- laid out thro' of, if such orchard be of the growth of ten years or more, or if garden: such garden have been cultivated as a garden for ten years or more next before the laying out of such road. Nor shall any such road be laid out through any buildings, or any fixtures or erections for the purposes of trade or manufactures, or any yards necessary to the use and enjoyment thereof, without the consent of the owner.

lands.

$47. No highway shall be laid out through any land, un- Through any less, in the opinion of the commissioners, the public good requires it; nor without the consent of the owner or occupant thereof, unless on the petition of twelve freeholders of the same town, verified by their oath or affirmation.

how ascer

$48. The damages sustained by reason of the laying out Damages and opening such road, may be ascertained by the agreement tained. of the owner and the commissioners of highways; and unless such agreement be made, or the owner of the land shall in writing release all claim to such damages, the same shall be assessed in the manner prescribed in the next section, before such road shall be opened, or worked, or used. Every such agreement and release shall be filed in the town clerk's office, and shall forever preclude such owner from all further claim for such damages.

$49. On the application of the commissioners of highways, Jury may be or of the owner of the land through which such road is laid summoned, out, to any justice of the peace of the town, he shall issue his warrant to some constable of some other town of the same county, not interested in the land through which the road is laid out, directing him to summon twelve disinterested freeholders, residing in some other town than that in which such road is laid out, and not of kin to the owner of such land, to assess the damages sustained by the laying out such road; and shall therein specify the time and place at which the jury shall

meet.

of 6 persons.

$ 50. Upon such freeholders appearing, the justice who is- and to consist sued the warrant shall draw by lot six of the names of the persons attending, to serve as a jury; and the first six persons drawn, who shall be free from all legal exceptions, shall be the jury to assess the said damages.

give notice as

road.

S51. Such justice shall cause notices in writing to be post- Justice to ed up at three of the most public places in the town where the to the route of land is situated, specifying, as near as may be, the route of the said highway, the several tracts of land through which the same is laid, and the time and place at which the jury will meet to assess the damages; and any person or persons interested in any such lands, and who shall not have agreed with the commissioners in relation to the damages sustained by him or them,