SELECTMEN, (Continued.)
how recovered, 345.

towns may discontinue town ways, 345.

if selectmen unreasonably refuse, &c. to lay out, county com-
missioners may, 316.

commissioners may approve and accept town ways, &c. where
towns refuse, 346, 347.

commissioners may discontinue ways where towns refuse, 347.
towns cannot discontinue ways laid out by commissioners with-
in two years, 347. .

nor lay out again a way discontinued by them within two years,
347.

towns cannot dispute legality of ways laid out, &c., 347.

may raise money for making highways and town ways
within their limits, 347.

limitation of power, 347, 348.

county commissioners may lay out town ways in certain cases,
348.

ways dedicated to public use, not to become chargeable to towns
except, &c., 348.

selectmen to close up the entrances to such ways or give notice
if public safety requires, 318.

if not closed up or notice given, towns liable for defects, 348.
private streets opened to use of public, to be graded at expense
of abutters, 349.

grading not to be construed dedication or acceptance, 349.
grades may be established and recorded by selectmen, who do
not thereby accept street, 349, 350.

obstructions prohibited, 350.

DUTIES OF, AS TO COMMON SEWERS AND DRAINS, 319,-323.

drains, &c. not to be laid through highway, &c., without their
consent, 319.

to be constructed as they direct, 319.

persons benefitted by making or repairing drains to share ex-
pense of construction, 319, 320.

such expense to be ascertained by selectmen, 320.

notice to be given before opening common drain, &c., 320, 321.
provisions not to affect agreement of parties, 321.

selectmen &c. authorized to lay and repair main drains, 321.
drains to be property of town or city, &c., 321.

proprietors of particular drains entered into main drains, to
be assessed, &c., 321.

persons aggrieved by such assessment may appeal, 322.

towns and cities may be charged with part of the expense of
main drains, 322.

provisions not to take effect until accepted by city or town, 323
DUTIES OF IN BINDING ORPHAN CHILDREN, 323,-325.

minors how bound, 323.

inserting the name of a minor above fourteen in the attestation
clause, and his execution of the instrument not suffi-
cient, 324.

to be bound by indenture of two parts, 324.
one part to be kept for use of minor, 324,

SELECTMEN, (Continued.)

money, &c., paid by master to be for use of apprentice, 324.
apprenticeship discharged by the death of the master, 324.
minor may be bound to a mistress, 324.

to inquire into the treatment of children bound out with their
approbation, 325.

in case of neglect or misconduct of master may file complaint,
&c., 325.

not liable to costs unless, &c. 325.

DUTY OF, AS TO HAY SCALES, 335, 336.

inspectors of bale or bundle hay to be appointed, 336.

removal of and filling vacancies, 336.

duties of inspectors, 336.

fees of inspectors, 336.

penalty for selling bundle hay not inspected, 336.

to assign places for offensive trades, 325, 326.

to assign places for livery stables &c. in muratime towns, 326.
penalty for unauthorized erection or use of stables and bowling
alleys act subject to acceptance by towns.

may license theatrical exhibitions, &c. 331, 332.
Duty of as to furnaces and steam engines, 326, 329.

no furnace for melting iron or for the making of glass to be
erected or used, until license be first granted, 326, 327.
no steam engine for planing &c. to be used until license be first
granted, 327.

selectmen to prescribe rules as to their use, 327.

engine or furnace hereafter erected without license, to be deemed
a common nuisance, 327, 328.

proceeding on application for such engine or furnace, 328.
persons aggrieved by order of selectmen may apply to C. C. P.
for a jury, 328.

act not in force unless adopted by the inhabitants, 328.

can examine steam engines and prohibit their use if unsafe,
328, 329.

power of abatement and removal, 229.

Duty of, as to pawn brokers, 329, 330.

in regard to booths used for unlawful purposes on mus-
ter fields, &c., 329.

in regard to burnt, dilapidated, or dangerous buildings
adjudged nuisances, 330, 331.

may license sale of rockets, and firing of same, 338.

intelligence offices, 367.

as to keeping of gunpowder, and guncotton, 337, 338.

as to keeping camphene, and other inflammable mixtures, 338,
339.

as to dealers in second hand articles, 339, 340.

duties of, as to oysters and shell fish in certain towns, 332, 335.
power of, as to recognizance required of towns, 340.

duties of, as to repair of Highways, See Surveyors of Highways.
as to town meetings, See Town Meetings.

as to weights and measures, See Weights and Measures.

to appoint weighers of beef, 181.

to appoint measurers of upper leather, 180.

F*

SELECTMEN, (Continued.)

to appoint measurers of wheat, corn, grain and meal, 182.
duties of, under the militia law, 352, 358,

duties of, concerning hawkers and pedlars, 358, 362.
side walks in towns, 351, 352.

duties of selectmen as to railroads, 363, 366.

as to rewards for securing offenders, 367.
as to location, construction &c., of tele-
graphic lines, 368.

as to the preservation of public roads,
369, 370.

as to police officers, 370.

SURVEYORS OF HIGHWAYS, choice and qualification of, 371, 382.
penalty for refusing to serve, 371.

for neglect of duty, 371.

liable to indictment for deficiency of highways, if by his fault
or neglect, 371.

to pay fine and costs recovered against town if, &c., 375 376.
limits of, to be assigned by selectmen or assessors, 372.
power of, does not depend on assignment, 372.

authorized to remove all obstructions on highways, &c., 378.
not to remove any fence, &c. put up to prevent spreading of
disease, 378.

not to turn water course made by wash of highway so as to in-
commode any person's house &c., without the approbation
of the selectmen, 378, 379.

to expend half of tax before 1st of July, unless town otherwise
vote, 379.

to give notice of time for working of taxes, 379, 380.

to persons on their lists of the sums they are assessed, 380.
to allow them opportunity to work out their taxes, 380.

to render to assessors at the expiration of their terms, lists of
persons who have not worked out or paid their highway
taxes, 380.

power of, when sum voted by town is deficient, &c., 380.

to repair with consent of selectmen when towns neg-
lect to raise money, 381.

have no authority to repair at their own expense and call on
town for indemnity, 381.

to exhibit tax bill to selectmen and account, &c., 382.

to pay over surplus in their hands at expiration of office, 382.
penalty for neglect to pay over, 382.

highways to be kept in repair by towns, 372.

towns liable if death happens through defect of highway, &c.,
to fine of $1000, 372.

liable to damages for injury happening through defect which
has existed twenty-four hours, 372, 373.

if town had notice of defect, liable, 373.

in what cases liable, 373, 374.

damages recoverable are for injury only to the person or prop-
erty, 374.

in computing the twenty-four hours the Lord's day is to be in-
cluded, 374.

SURVEYORS OF HIGHWAYS, (Continued.)

in what cases not liable, 373.

town becomes responsible for defects as soon as a way is opened
for travel, 373.

town may tender sufficient to cover damages and costs before
entry of action, 375.

towns neglecting to repair, &c., liable to pay fine, 375.
fines how appropriated, 375.

if town has repaired way within six years, it cannot deny loca-
tion, 375.

towns liable for damages occasioned by repair of ways, amount
to be determined by selectmen, 376.

towns may regulate traveling over bridges-by-laws to be
posted up, 376.

gates, &c., on ways may be removed unless, &c., 376, 377.
towns may raise money for repair of highways, &c., to be as-
sessed as other town taxes, 377, 378.

towns may also raise sums to be expended in labor and materi-
als &c., 377.

lands of non-resident proprietors may be assessed for highways
as for other town taxes, 378.

towns may authorize surveyors to contract for repairing high-
ways &c., 381.

to collect taxes not paid, &c., 381.

to account to selectmen for expenditure thereof, 381.

remedy of towns against railroads for damages recovered
through fault of railroad, 374.

forms for, See Appendix.

SURVEYORS OF LUMBER, how chosen and qualified, 172.

duties of, 172, 173.

quality and denomination of the different kinds of lumber, 173,
174.

fees of, 175.

penalty on, for fraud or neglect, 175.

boards &c. not to be sold unless surveyed, except, &c., 175, 176.
renalty for selling without survey, 176.

SURVEYORS OF SHINGLES AND CLAPBOARDS, 176, 177.
TOWNS, to be bodies corporate as heretofore, 13.

may sue and be sued, 13.

hoid property, make contracts, &c., 13, 14.

grant money for town schools, the poor, and other necessa-
ry charges, 14.

what are necessary charges, 14, 15, 16.

may make by-laws, 17.

by-laws binding on all persons coming within the town, 17.
to be published, 17, 18.

if not reasonable, void, 18.

may rinke by-laws respecting the keeping of dogs, 1.

may suspend the operation of certain laws relative to the kill-
ing of birds, 18, 19.

TOWN CLERK, how chosen and qualified, 383.

pro tempore when chosen, 383.

to keep records, 383.

TOWN CLERK, (Continued.)

recor is of proprietors of townships of common lands not oth-
erwise disposed of to be deposited with clerk, 383, 381.

to certify to copies taken from the records of another town, 384.
penalty for non compliance,

in case of death, &c. selectmen may appoint a clerk, 384, 385.
clerk pro tempore to make a record of his own election, 385.
to record all votes- power to amend record, 385.

to notify town officers of their election, 385

town officers where oath is not required must be summoned to
appear before town clerk and declare acceptance, 386.

to administer oaths of office and make record of their adminis-
tration, 386.

to record all births and deaths in his town, 393.

may administer oaths to appraisers, &c., 386.

to preside in the choice of a moderator, 386.

to file copies of physicians' and surgeons' licenses, 386, 387.
to record mortgages of personal property, 387.

mortgages of personal property not to be recorded, 387.

to record lists of the enrolled militia, 389.

to make returns of same to the adjutant general, 389.

to record proceedings of proprietors of meeting houses, 389, 390.
to enter notices of stray beasts and lost goods, 388.

may issue warrant to appraise the same, 388, 389.
duties of, as to elections and as to jurors, 389.

persons intending to marry to enter notice in the office of, 391.
to give parties certificate, &c., 391.

certificate not to be issued to males under 21 or females under
18 except on application of parent, &c., 392.

penalty, 392.

affidavit of applicant sufficient evidence of age, 393.

to make annual returns to the secretary of Commonwealth of
births, marriages and deaths, 393.

births, how to be recorded, and what particulars, 393.
marriages, how to be recorde l, and what particulars, 394.
deaths, how to be recorded, and what particulars, 394.
persons solemnizing marriages to keep a record thereof and to
make returns monthly to town and city clerks, 394, 395.
superintendents of burial grounds, to make returns of burials,
monthly to town and city clerks, 395.

penalty on undertaker for neglect, 395.

parents and others to give notice of births and deaths, 395.
superintendents of State alms house to make records and re-
turns like town clerk, 396.

fees, 390, 391, 392, 396,

town clerks to distribute blanks, 396.

secretary of commonwealth to furnish books and blanks, 396.
penalty on clerks for neglect 397.

forms for town clerks, See Appendix.

TOWN MEETINGS, when to be held, 19.

warrant shall issue for, 20.

same warrant may include two or more, 20.

contents of the warrant, 20.