Persons lia

on roads.

paid for by the monies arising from commutations and fines within such district.

§ 11. If any overseer of highways shall be employed more days in executing the several duties enjoined on him by this act, than he is assessed to work on the highways, he shall be paid for the excess at the rate of fifty cents per day, provided such compensation shall not exceed the sum of five dollars in any one year; and he shall be allowed to retain the same out of any monies which may come into his hands for fines or commutions under this act; but such overseer shall not be permitted to commute for the days he is assessed.

§ 12. If any person, chosen to the office of overseer of highways, shall refuse to serve, or if his office shall become vacant, the commissioners of highways of the town shall, by warrant under their hands, appoint some other person in his stead; and the overseer so appointed shall have the same powers, receive the same compensation, be subject to the same orders, perform the like duties, and be liable to the same penalties, as overseers chosen in town-meeting.

§ 13. The commissioners making the appointment, shall cause such warrant to be forthwith filed in the office of the town clerk, who shall give notice to the person so appointed, as in other cases.

§ 14. Every overseer of highways who shall refuse or neglect either, 1. To warn the people assessed to work on the highways, when he shall have been required so to do by the commissioners or either of them : 2. To collect the monies that may arise from fines or commutations:

or,

3. To perform any of the duties required by this act, or which may be enjoined on him by the commissioners of highways of his town, and for the omission of which a penalty is not herein provided:

Shall, for every such refusal or neglect, forfeit the sum of ten dollars, to be sued for by the commissioners of highways of the town; and when recovered, to be applied by them in making and improving the roads and bridges therein.

§ 15. It shall be the duty of the commissioners of highways of each town, whenever any person resident in their town shall make complaint that any overseer of highways in such town has refused or neglected to perform any of the duties enumerated in the last preceding section, and shall give or offer to such commissioners sufficient security to indemnify them against the costs which may be incurred in prosecuting for the penalty annexed to such refusal or neglect, forthwith to prosecute such overscer for the offence complained of.

§ 16. If such commissioners of highways shall refuse or neglect to prosecute for such penalty, they shall, in every such case, forfeit the sum of ten dollars, to be recovered by the person who shall have made such complaint, and given or offered such security.

ARTICLE SECOND.

Of the persons liable to work on highways, and the making of assessment

therefor,

§ 17. Every taxable inhabitant of the town, and every male inhabitant ble to work above the age of twenty-one years, residing in the town when the assessment is made, shall be assessed to work on the public highways in such town, excepting such persons as shall work a private district, or persons exempted as herein after mentioned.

Meeting of

18. The commissioners of highways of each town shall meet, within commission- eighteen days after they shall have been chosen, at the place of town

meeting, on such day as they shall agree upon, and afterwards at such other times and places as they shall think proper.

sons.

§ 19. Each of the overseers of highways shall deliver to one of the List of percommissioners of highways of the town, within sixteen days after his election or appointment, a list, subscribed by such overseer, of the names of all inhabitants in his road district who are liable to work on the highways. § 20. The commissioners of highways in each town shall proceed, at Highway latheir next meeting, or at some subsequent meeting, to ascertain, estimate bor. and assess the highway labor to be performed in their town the then ensuing year.

§ 21. In making such estimate and assessment, the commissioners shall How estiproceed as follows:

1. The whole number of days work to be assessed in each year shall be ascertained, and shall be at least twice the number of inhabitants assessed to work on highways in such town:

2. Every male inhabitant being above the age of twenty-one years, (except ministers of the gospel and priests of every denomination, paupers, idiots and lunatics,) shall be assessed at least one day:

3. The residue of such days work shall be apportioned upon the estate, real and personal, of every inhabitant of such town, as the same shall ap pear by the last assessment roll of the town; provided that no person shall be assessed to work more than thirty days in any one year :

4. The commissioners shall affix to the name of each person named in the lists furnished by the overseers, the number of days which such persons shall be assessed for highway labor as herein directed; and the commissioners shall subscribe such lists, and deliver them to the overseers of highways of the several districts respectively.

mated and assessed.

out to be added.

22. The names of persons left out of any such list, and of new in- Names left habitants, shall from time to time be added to the several lists; and they shall be rated by the overseers, in proportion to their real and personal estate, to work on the highways, as others rated by the commissioners on such list, subject to an appeal to the commissioners.

ARTICLE THIRD.

Of the duties of overseers in regard to the performance of labor upon highways, and of the performance of such labor or the commutation therefor.

§ 23. It shall be the duty of the overseers of highways to give at least Overseers to twenty-four hours' notice, either verbally or by writing left at their usual give notice. 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 he shall elect to work in some district where be 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.

commuta

tion.

§ 24. Every person liable to work on the highways, shall work the work or whole number of days for which he shall have been 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.

Commuta

tion money how paid.

Overseer

may require a team, &c.

Day's work

§ 25. Every person intending to commute for his assessment, or for any part thereof, shall, within twenty-four hours 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.

§ 26. Every overseer of highways shall have power to require a team, a cart, wagon or plough, with a pair of horses or 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.

§ 27. Every person assessed to work on the highway, and warned to eight hours. work, may appear in person, or by an able-bodied 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.

Penalty.

Penalties.

Complaint to one of the justices.

Duty of jus

tice.

Fine.

levied.

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

§ 29. Every person so assessed and duly notified, who shall not commute, and who shall refuse or neglect to appear as above provided, shal! 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.

Constable to § 33. The constable to whom such warrant shall be directed, shall collect fine forthwith collect the monies therein mentioned. He 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.

§ 34. Every penalty for a refusal or neglect to appear and work on the Set off. 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.

§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 commut- neglect. ing for or working the whole number of days for which he shall have been assessed during the year.

account an

nually.

§ 36. Every overseer of highways shall, on the second Tuesday next Overseers to preceding the time of holding the annual town-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.

37. Every such overseer shall also then and there pay to the said To pay over commissioner all monies remaining in his hands unexpended, to be applied money. 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 accounts, Penalty. 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.

§39. The commissioners of highways may, at their first meeting sub- Private dissequent to their election, assign to any person or persons residing within tricts. 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.

thereof.

§ 40. The commissioners shall make out, subscribe, and file in the office Description 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 the high- To be workways and bridges in such private district, and shall at all times work on in repair.

ed and kept

Exemption.

Penalty.

May be annexed to a public district.

Duty of town clerks.

In case of road being laid out

the same, when required so to do by the said commissioners or either of them.

§ 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 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 commisioners 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 town-meeting in such town was last held; and the time herein after limited for appealing from any such order, shall be computed from the time of posting the same.

§ 46. No public or private road shall be laid out through any orchard or garden, without the consent of the owner thereof, if such orchard be through or of the growth of ten years or more, or if 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

chard or gaiden.

Through any lends.

Damages how ascertained.

owner.

§ 47. No highway shall be laid out through any land, unless, 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.

§ 48. The damages sustained by reason of the laying out and opening such road, may be ascertained by the agreement 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.