5. Every town, which shall neglect or refuse to erect and maintain guide posts, or some suitable substitutes therefor, in the manner provided in this chapter, shall forfeit annually the sum of five dollars, for every guide post which they shall so neglect or refuse to maintain. 1b. §

32.

6. Every person who shall wilfully and maliciously break down, injure, remove or destroy any monument erected for the purpose of designating the boundaries of any town, or of any tract or lot of land, or any tree marked for that purpose, or shall so break down, injure remove or destroy any mile stone, mile board or guide board, erected upon any highway or other public way, turnpike or railroad, or shall wilfully or maliciously deface or alter the inscription on any such stone or board, or shall wilfully or maliciously mar or deface any building, or any sign board, or shall extinguish any lamp, or break, destroy or remove any lamp, or any lamp post, or any railing or posts, erected on any bridge, side walk, street, highway, court or passage, shall be punished by imprisonment in the county jail, not more than six months, or by a fine not exceeding fifty dollars. Ib. § 33. Ch. 126, § 43.

1. The boundary line of every town shall remain as now established. R. S. c. 15, § 1.

2. There shall be a perambulation of the boundary

lines between towns, and the lines shall be run and the marks renewed, once in five years, by two or more of the selectmen of each town, or such substitutes as they shall in writing appoint for that purpose; and the proceedings in the case, after every such renewal, shall be recorded in the town records of the respective towns. Ib. § 2.

3. Previously to any perambulation, the selectmen of the most ancient of the contiguous towns shall give ten days. notice, in writing, to the selectmen of the adjoining town, of the time and place of meeting for such perambulation; and the selectmen, who shall neglect their duty in giving notice, or in attending, either personally or by their substitutes, shall severally forfeit the sum of twenty dollars, to the use of the town whose selectmen shall perform their duty. Ib. § 3.

4. The selectmen of the contiguous towns shall cause to be erected, at the joint and equal expense of such towns, permanent monuments to designate their respective boundary lines, at every angle thereof, except where such lines are bounded by the ocean or by some permanent stream of water ; and the said monuments shall be of stone well set in, and at least four feet high, from the surface of the ground; and the initial letter of the respective names of said contiguous towns shall be plainly and legibly cut thereon; provided, however that it shall not be necessary to erect a new monument in any place, where any permanent stone monument already exists, of two feet in height, above the surface of the ground. Ib. § 4.

5. The selectmen of every town, bordering upon any unincorporated place, shall, once in every five years, give notice to the assessors of such unincorporated place, of their intention to perambulate the lines, between their said towns and places respectively; and, upon such notice, the said assessors shall perform all the duties, required of selectmen in the like case, and be subject to all the penal

same manner, Ib. § 5.

of this state,

ties, to be recovered and appropriated in the as selectmen in the like case, are subject to. 6. The selectmen of the several towns bordering on any other state, in all cases, where the lines between such other states and this state are settled and established, shall, once in every five years, give notice to the selectmen or other proper municipal officers of such towns in such other states, as adjoin the respective towns of this state, above mentioned, of their intention to perambulate the lines between their adjoining towns; and in all cases where such state lines are now in dispute, such perambulations of the lines between the towns in this state and the adjoining towns of such other states, shall be made, once in every five years, after such state lines shall be settled and established, and, if such notice and proposal shall be accepted by the officers to whom it is made, a perambulation shall be made of the boundary lines of such towns in the same manner, as between towns in this state; provided, however, that no boundary, erected by the authority of this state and any such adjoining state, shall be moved by the said selectmen or other municipal officers. 1b. § 6.

7. Any selectman, who shall neglect or refuse to cause the monuments to be erected as aforesaid, or to give notice to the selectmen or other proper municipal officers of towns, in the adjoining states, or to perambulate, if the last-mentioned selectmen or officers consent thereto, shall forfeit the sum of twenty dollars to the use of his county. Ib. § 7.

VI. DUTIES OF SELECTMEN AS TO COMMON SEWERS AND DRAINS.

8. Selectmen, &c., authorized to lay and repair main drains. Drains to be property of town or city in which they have been or shall be laid.

9. Proprietors of particular drains, that are entered into main drains, to be assessed to pay town, &c., part of the expense of main drains.

10. Assessments to be a lien for one year, on the real estate assessed, which may be sold for non-payment.

11. Provisions for appeal by persons aggrieved by assessments.

12. Towns and cities may be charged with part of the expense of main drains. 13. When to take effect.

1. If any person shall dig or break up the ground in any highway, street or lane, in any town, for the laying,' altering or repairing of any drain, or common sewer, without the consent of the selectmen, in writing, he shall forfeit the sum of five dollars for each offence, to the use of the town, to be recovered by the treasurer thereof. c. 27, § 1.

R. S.

consent and under own charge, make

2. All drains and common sewers, which shall hereafter be made or repaired in any street or highway, shall be substantially made or repaired with brick or stone, or with such other materials, and in such manner, as the selectmen of the town shall permit or direct. Ib. § 2. 3. When any person shall, by the the direction of the selectmen, at his and lay any common sewer or main drain, for the benefit of himself and others, who may think fit to join therein, every person, who afterwards shall enter his particular drain into the same, or by any more remote means shall receive any benefit thereby, for the draining of his cellar or land, shall pay to the owners of such common sewer or main drain, a proportional part of the charge of making and repairing the same, to be ascertained by the selectmen of the town, and certified under their hands; saving

always to the party aggrieved by any such determination, a right to appeal to the county commissioners. Ib. § 3.

4. When any common sewer or main drain shall be stopped or gone to decay, so that it shall be necessary to open the same, in order to repair it, or to remove such stoppage, all the persons who shall be benefited by such repair or removal of obstructions, as well those who do not as those who do, cause such repairs to be made or obstruction to be removed, shall pay to the person incurring the expense, their proportional parts thereof, to be ascertained and certified by the selectmen as aforesaid; saving to the party aggrieved an appeal as provided in the preceding section. Ib. § 4.

5. Every person so required to pay his proportional part of the expense of making or repairing any drain or common sewer, shall have notice of the sum, and of the person to whom the same is to be paid; and if he shall not pay the same within seven days after such notice, to the person authorized by the selectmen to receive it, he shall be held to pay double the amount certified by the selectmen as aforesaid, with all expenses arising from such neglect; and the person so authorized by the selectmen may recover the said double amount and expenses, in an action in his own name for money laid out and expended.` Ib. § 5.

6. Any person, who shall have occasion to open a common sewer or main drain, in order to clear and repair the same, shall, seven days at least before he begins to open the same, give notice to all parties interested, by advertising in such manner as the selectmen may direct, that such parties may, if they think proper, object thereto, and state their objections in person, or in writing to the selectmen ; and if the selectmen shall judge the objections reasonable, the parties making the same shall not be held to pay any part of such expenses; but if they do not make their objections as aforesaid to the selectmen, within three days