11. When an application is made for the commitment of a lunatic to the state hospital under the provisions of chapter forty-eight of the revised statutes, notice in writing of the intention to make such application must be given to one or more of the selectmen of the town where such lunatic resides. R. S. c. 48, § 7.

III. DUTIES OF SELECTMEN UNDER LAWS CONCERNING THE MANUFACTURE AND SALE OF SPIRITOUS AND

INTOXICATING LIQUORS.

1. Appointment, salary &c. of town agents.

2. Agents to be furnished with certificate of authority and to give bond. Form of bond.

3. County Commissioners, Mayors, Selectmen to revoke authority of persons breaking their bonds, and put bonds in suit.

4. Persons illegally selling &c. to be arrested without warrant and detained with liquors, vessels, &c., until warrants can be procured. Duty of officers.

5. Duty of officers to seize liquors kept or sold at places of public gathering, arrest keeper and make complaint.

1. The selectmen of any town, and the mayor and aldermen of any city, on the first Monday of May annually, or as soon thereafter as may be convenient, may appoint some suitable person or persons, as agent or agents of such city or town, to purchase spiritous or intoxicating liquors, and to sell the same at some central or convenient place or places within said city or town, to be used in the arts, or for medicinal, chemical, and mechanical purposes, and no other; and every such agent shall receive such fixed and definite salary, not dependent in amount upon the sales, for his services, as the board appointing him shall prescribe, and shall, in the sale of such liquors, conform to such rules and regulations as the selectmen or mayor and aldermen aforesaid shall prescribe for that purpose; and every such agent shall hold his situation for one year from the time of his appointment, unless sooner removed by the board which appointed him, as he may be, at any time, at the pleasure of said board: provided, that the selectmen of every town

containing not less than one thousand inhabitants, and the mayor and aldermen of every city, shall appoint at least one such agent every year, under the penalty of forfeiting the sum of one hundred dollars for neglecting to make such appointment for the space of three months after they have entered upon their respective offices, to be recovered in an action of tort brought in the court of common pleas by any person who may sue for the same, one-half for his own benefit, the other half for the benefit of the commonwealth. St. 1855, c. 215, § 5.

2. Every agent, appointed as aforesaid, shall receive a certificate from the mayor and aldermen or selectmen by whom he may be appointed, authorizing him, as agent of such city or town, to purchase intoxicating liquors to be used in the arts, or for medicinal, chemical and mechanical purposes only, and to sell the same for such purposes, and no other, at such place within their respective town or city as by them shall be deemed suitable, which place shall be designated with precision in said certificate; but such certificate shall not be delivered to the person so appointed until he shall have executed and delivered to said board a bond, with two good and sufficient sureties, in the sum of six hundred dollars, in substance as follows:Know all men that we, and as sureties, are hclden, and stand firmly bound to the inhabitants of the town of- (or city as the case may be,) in the sum of six hundred dollars, to be paid unto them, their successors or assigns, to which payment we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this day of- A. D. ———. The condition of this obligation is such, that, whereas the above bounden has been duly appointed an agent for the town (or city) of to purchase intoxicating liquors, and to sell the same within, for, and on account of said

as principal and

town, (or city,) to be used in the arts, or for medicinal, chemical and mechanical purposes, and no other, until the day of ——, A. D. —, unless sooner removed from said agency: Now, if the said shall, in all respects, conform to the provisions of law relating to the business. for which he is appointed, and to such rules and regulations as now are, or shall from time to time be established by the board making the appointment, then this obligation to be void,-otherwise to remain in full force. 1855, c. 215, § 8.

Stat.

3. Whenever complaint shall be made to the county commissioners of any county, or to the mayor and aldermen of any city, or to the selectmen of any town, that a breach of the conditions of the bond, given by any person authorized by them to purchase and sell, or to manufacture and sell intoxicating liquors, has been committed, they shall notify the person complained of; and if upon a hearing of the parties it shall appear that any breach of such bond has been committed, they shall revoke and make void his authority, and shall, at the expense and for the use of their county, city or town, cause the bond to be put in suit in any court proper to try the same, or they may put such bond in suit without said complaint, notice or hearing. Stat. 1855, c. 215, § 14.

4. Any mayor, alderman, selectman, sheriff, deputy sheriff, chief of police, or deputy chief of police, city marshal, deputy or assistant marshal, police officer, constable or watchman, in his city or town, may without a warrant, arrest any person or persons whom they may find in the act of illegally selling, transporting, or distributing intoxicating liquors, and seize the liquors, vessels, and implements of sale in the possession of said person or persons, and detain them in some place of safe keeping until warrants can be procured on complaint made for the trial of said person or persons, and for the seizure of said liquor,

vessels and implements, under the provisions of this act; and it shall be the duty of the several officers aforesaid to enforce the penalties provided in this act, or cause them to be enforced, against every person who shall be guilty of any violation thereof of which they can obtain reasonable proof. St. 1855, c. 215, § 13.

5. It shall be the duty of any mayor, alderman, selectman, city marshal, or deputy marshal, sheriff, deputy sheriff, police officer, or constable, if he shall have information that any intoxicating liquors are kept or sold in any tent, shanty, hut, booth, stall, or similar place for selling refreshments in any public place on or near the grounds of any cattle show, agricultural exhibition, military muster, or any public occasion of any kind, to seize such liquor and the vessels in which it is contained, and arrest the keeper or keepers of such place, and take them forthwith, or as soon as may be, before some justice of the peace, or police court, with the liquor and vessels so found and seized, and to make complaint for the arrest and trial of such person or persons, and for the seizure and confiscation of such liquors, according to the provisions of this act. Stat. 1855, c. 215, § 31.

IV. DUTIES OF SELECTMEN IN ERECTING AND MAINTAINING GUIDE POSTS.

1. Towns to erect and maintain guide posts.

2. Penalty if selectmen do not annually report to the town where posts ought to be maintained.

3. Penalty on towns for not determining places for guide posts.

4. Description of guide posts and where to be erected.

5. Peualty if towns or selectmen neglect to erect guide posts.

6. Penalty for defacing guide boards.

1. Every town shall erect and maintain guide posts, on the highways and other ways within the town, at such places as shall be necessary or convenient for the direction of travellers, in the manner hereinafter provided. R. S. c. 25, § 28.

2. The selectmen of each town shall submit to the inhabitants, at every annual meeting, a report of all the places in which guide posts are erected and maintained within the town, and of all places, at which, in the opinion of the selectmen, they ought to be erected and maintained ; and if the selectmen of any town shall neglect or refuse to make report as aforesaid, they shall severally forfeit the sum of ten dollars. Ib. § 29.

3. Upon the report of the selectmen, made according to the provisions of the preceding section, the town shall determine the several places, at which guide posts shall be erected and maintained, and a record thereof shall be made in the town records; and if any town shall neglect or refuse to determine said places, and to cause a record thereof to be made as aforesaid, such town shall forfeit the sum of five dollars, for every month during which they shall neglect or refuse so to do; and in such case, upon any trial for not erecting or maintaining guide posts, reported to be necessary or convenient by the selectmen, such town shall be estoped from alleging that snch guide posts were not necessary or convenient. Ib. § 30.

4. At each of the places determined by the town, as provided in the preceding section, there shall be erected a substantial post of not less than eight feet in hight, near the upper end of which shall be placed a board or boards, and upon each board shall be plainly and legibly painted or otherwise marked, the name of the next town or place, and such other town or place of note, as the selectmen shall think proper, to which each of such roads may lead, together with the distance or number of miles to the same; and also the figure of a hand, with the forefinger thereof pointing towards the towns or places, to which the said roads lead; provided nevertheless, that the inhabitants of any town may, at the annual meeting, agree upon some suitable substitute for said guide posts. Ib. § 31.