or otherwise in the possession of such corporation, or proprietors, or their agents. The said list to indicate all such specific marks as may serve to identify the same. And the said publication to be made in one newspaper, at least, in every county of the Commonwealth in which such railroad corporation or steamboat proprietors may have a passenger station or office. Stat. 1851, c. 147.

7. If, at the expiration of six months after such advertisement as aforesaid, any of the articles so advertised shall still remain unclaimed, then the railroad corporation or steamboat proprietors, in whose possession they may be, shall give notice to the mayor and aldermen of the city, or the selectmen of the town, in which, respectively, said articles may be; and the said mayor and aldermen, or selectmen, shall cause the said articles to be examined, and may either order them to be sold at public auction, first advertising them in manner and place as aforesaid, or may, in their discretion, order the said articles, or any of them, to be again advertised, and to remain another six months before being sold. Stat. 1851, c. 147, § 2.

8. The proceeds of all articles thus sold, after deducting costs of storage, advertising, and other expenses, due to the railroad corporation or steamboat proprietors aforesaid, and also the costs of the said examination and sale, shall be paid over to the treasurer of the Commonwealth, for the use of the same. Stat. 1851, c. 147, § 3.

XIX. OTHER DUTIES OF SELECTMEN.

1. Selectmen may offer reward of not more than two hundred dollars for securing offenders.

2. Payment of the reward.

3. Mayor and aldermen or selectmen to grant licenses to keep Intelligence offices.

4. Duties and powers of selectmen or mayor and aldermen as to location, construction, &c., of telegraphic lines. Company subject to written regulations of selectmen. Power of selectmen &c., to alter location &c.

5. Damages of land owners how recovered; persons aggrieved on appraisal, entitled to a jury.

6. Compensation of selectmen &c. 7. County commissioners, city governments, and selectmen to provide for preservation of public records.

8. Same subject, copies of old records. 9. One county, city, or town may take copies of records of another.

10. Penalties for non compliance with this act.

11. Police officers how appointed, their powers and tenure of office.

1. The selectmen of any town or the mayor and aldermen of any city are authorized whenever in their opinion the public good may require it to offer a suitable reward to be paid by such town or city, not exceeding two hundred dollars in any one case, to any person who shall in consequence of such offer secure any person charged with any capital crime, or other high crime, or misdemeanor, committed in any such town or city, and such reward shall be paid by the treasurer of such town or city upon the warrant of the selectmen, or mayor and aldermen. Stat. 1840, c. 75, § 1.

2. When more than one claimant shall appear and apply for the payment of the reward, the selectmen, or mayor and aldermen shall determine to whom the same shall be paid, and if to more than one person, in what proportion to each, and their determination shall be final and conclusive in law upon all Stat. 1840, c. whatsoever. persons

75, § 2.

3. The mayor and aldermen of any city, or the selectmen of any town, may grant licenses for the term of one year to suitable persons to keep Intelligence Offices, and may revoke and annul the same whenever they may deem it expedient; and they shall be entitled to have and recover for each license so granted the sum of one dollar and no more. St. 1848, c. 270, § 2.

4. The selectmen of any town, or mayor and aldermen of any city, through which the lines of any telegraph company pass, shall give said company their writing specifying where the posts may be located, the kind of posts that may be used, the height at which and the places where the wires may be run, which writing shall be recorded in said town or city, and such company in building its line shall follow the regulations of such writing. After the erection of said telegraph lines, the said selectmen, mayor and aldermen, shall have the power of directing any alteration in the location and alteration of said posts, piers or abutments, and also in the height at which the wire, may run, having first given such company or its agents opportunity to be heard on such alteration, and such decision shall be recorded in the registry of said town or city. Stat. 1849, c. 93, § 3.

5. Any owner of real estate who shall consider himself damaged by such construction may apply to the selectmen of any town, or mayor and aldermen of any city, in which such lands lie, within three months after such construction, to assess and appraise this damage. The appraisers after being sworn shall on view make a just appraisal of the loss or damage to the applicant by reason of such construction, duplicates of which appraisal shall be made in writing signed by said appraisers, one copy of which shall be delivered to said applicant and the other to the company or its agent on demand. Any person aggrieved by any such assessment is entitled to a jury, in which case the proceedings shall be according to the R. S. c. 24, § 76. Stat. 1849, c. 93, § 4.

6. The selectmen, mayor and aldermen shall receive for their services performed under the preceding section each the sum of two dollars per day. Stat. 1849, c. 93, § 5.

7. It shall be the duty of the county commissioners of the respective counties, the city government of cities, and

the selectmen of the several towns, in this Commonwealth, to have all books of public record or registry, belonging to said counties, cities or towns, respectively, well and strongly bound, and other papers and documents duly filed and arranged in a careful and orderly manner, convenient for examination and reference. They shall also provide, at the expense of the county, town or city, a suitable place for the safe keeping and preservation of the public records and other valuable documents, where they shall be deposited and securely kept. Stat. 1851, c. 161, § 1.

8. It shall be the duty of the county commissioners of the respective counties, the city government of cities, and the selectmen of the several towns of the Commonwealth, to provide for the particular security and preservation of all the records of their respective counties, cities and towns; and in cases where, from any cause, they have or may become worn, mutilated or illegible, it shall be their duty to have a fair copy of such records seasonably taken, by competent and skilful transcribers, at the expense of the county, town or city, to be preserved in like manner as the originals, the same to be certified to be true copies from the originals, by the clerk of such county, city or town. Stat. 1851, c. 161, § 2.

9. The commissioners of any county, the mayor and aldermen of any city, or the selectmen or overseers of the poor of any town, in this Commonwealth, are hereby authorized, when the interest of such county, city or town shall so require, to have copies taken for the use of said county, city or town, by a skillful and competent hand, at the expense of the said county, city or town, of any original records, or parts of the same, or of any papers or documents in the legal custody of any other county, city or town, which copies shall be certified to be true copies by the clerk of the county, city or town, from which they

are taken, and shall be subject to the like control, care and regulations, as the other records and files of the county, city or town, for whose use they are taken. Stat. 1851, c. 161, § 6.

10. Any county, city or town, neglecting or refusing to fulfil the requirements of this act, or any one of them, shall forfeit and pay for each offence the sum of twenty dollars. Stat. 1851, c. 161, § 7.

11. The mayor and aldermen of the several cities, and the selectmen of the several towns, in this Commonwealth, may, from time to time, appoint such police officers for their respective cities and towns as they may judge necessary, with all or any of the powers of constables, except the power of serving and executing any civil process. And the said police officers shall hold their offices during the pleasure of the mayor and aldermen, and selectmen, by whom they are respectively appointed. St. 1851, c. 162.

Construction of the statute.

7. Highways to be kept in repair by towns.

8. If loss of life happen, through defect, &c., the executors, &c., may recover $1000.

9. Damages recoverable for injuries through defect or want of repair of highway.

13. An action cannot be maintained for damages caused by the obstruction of the road by snow.

14. Obstructions in a highway though not in a travelled part are defects for which the town is liable.

15. Damages recoverable against a town are for injury to the person or property only.

16. Towns liable for roads being without rails or barriers, &c.

10. One travelling on Sunday not 19. City liable for damages to a from necessity or charity cannot main-person who receives injury by the tain an action. fall of awning projecting over the sidewalk.

11. An action cannot be maintained by a party who goes out of the highway because of the defect.

12. From what time town is responsible for a defect in highway.

20. Remedy of towns against railroads for damages recovered of the town for a defect in a highway within the location of the railroad and for which damages the railroad was liable.