missioners, who shall thereupon have power to make a just and CHAP. 25. equitable division, as aforesaid, and assign to each of said towns, by metes and bounds, their respective parts thereof; first giving notice thereof to all persons interested, by publishing such written application, and the time and place assigned for making such division, three weeks successively, in a public newspaper printed in said county, or by serving a copy thereof upon the town clerks of said towns, thirty days previous to the time appointed.

when the high

SECT. 60. The county commissioners may, if they see cause, Such division lay out a highway in like manner as other highways, on the dividing may be made, line between two towns, a part of the width thereof in each of way is located. said towns; and at the same time may, without special notice 1835, 155, § 3. therefor, make such division and assignment, as is provided in the preceding section.

13 Mass. 294.

SECT. 61. All such divisions and assignments, made by the Same subject. county commissioners, shall be duly entered on their records; and 1835, 155, § 2, 3. thereupon said towns shall be holden to open and make, or repair, their respective parts of said ways, in the same manner, and subject

to the same liabilities, as in case of county or town ways, laid out wholly in such town.

1821, 118, § 13.

SECT. 62. There shall be chosen in each town, at the annual Surveyors of highways to be meeting, two or more suitable persons, to be surveyors of highways; chosen. to be notified and sworn like other town officers: and in case any one refuse to accept, he shall forfeit the sum of ten dollars, to the use of such town; but no person shall be held to serve in said capacity, more than once in three years. And in all cases, where vacancies occur of surveyors in any town, the selectmen are authorized to appoint one or more surveyors, to fill such vacancies.

its.

SECT. 63. The selectmen of every town, before the first day Assignment of of May annually, shall, in writing, assign to each surveyor, his surveyor's limdivisions and limits; which assignment he is, hereby, required observe.

to

1821, 118, § 13.

1 Pick. 418. 4 Pick. 149.

Right of select men, when chosen survey

ors.

1821, 118, § 13. how raised, as

Highway taxes,

sessed and apportioned.

1821, 118, § 13.

1832, 21.

SECT. 64. Whenever any town shall elect the selectmen, to be surveyors of highways, they may, in writing, delegate this power, or any part thereof, to such persons as they deem proper. SECT. 65. Every town shall raise such sum of money, to be expended in labor and materials on the highways and town ways, as they shall determine to be necessary; and the assessors shall assess the same on the polls and the estates, real and personal, of *. the inhabitants, residents and non residents of their town, as other town charges are by law assessed; and shall deliver, to each surveyor, a list of the persons, and the sums, at which they are severally assessed to be expended within his limits, on or before the first day of June in each year; excepting in Portland. SECT. 66. At least two thirds of the sums, granted by any Two thirds to town for making and repairing ways, shall be laid out and expended before first of expended for that purpose, before the first day of July, next after granting the July.

same.

1821, 118, § 13. SECT. 67. The surveyor shall give reasonable notice, in writing Surveyor to if desired, to each person on his list, resident in the town, of the give notice for sum he is assessed to the highways and town ways, and also forty or materials. eight hours' notice, extraordinary casualties excepted, of the times 1821, 118, 13.

furnishing labor

CHAP. 25. and places, he shall appoint, for providing materials, and laboring on the same; to the end, that each person may have opportunity to work thereon, in person or by substitute, or with his oxen, horses, cart or plough, at the prices affixed by the town to such labor or materials, to the full amount of the sum at which he is assessed: or he may pay the surveyor, in money, the sum he is assessed; which it shall be the duty of the surveyor to expend, according to his best discretion, in labor or materials, for repairing the ways in his limits.

Ways, blocked with snow, to be opened.

SECT. 68. blocked

When the highways or town ways, in any town, are up or incumbered with snow, the surveyor, within whose Sudden injuries limits the same may happen, shall, forthwith, cause so much thereof to be repaired. 1821, 118, 13. to be removed or trodden down, as will render the roads passable, in such way and manner as the town shall direct; otherwise at his discretion. In case of any sudden injury to bridges or roads, he shall, without delay, cause the same to be repaired.

13 Pick. 343.

Towns to fur

nish apparatus,

for breaking out

snow.

1836, 219, § 2.

Surveyors to re

turn a list of delinquents, who may be after

wards assessed.

1821, 118, § 13.

Surveyors to remove ob

structions.

SECT. 69. There shall be furnished and kept in repair, in each surveyor's district, through which there is a mail route, in any town, some effectual apparatus for opening roads, obstructed with snow; and it shall be the duty of surveyors of highways, whenever the roads are so obstructed, to make use of the same in the districts aforesaid, and break and keep open said roads, to the width of at least ten feet.

SECT. 70. The surveyor, at the expiration of his term, shall render to the assessors a list of such persons, if any, as shall have been deficient, on due notice, in working out or otherwise paying their highway tax; which deficient sums shall be placed by the assessors in a distinct column, in the next assessment of a town tax upon such delinquents, and collected like other town taxes, and paid into the town treasury.

SECT. 71. Every surveyor is hereby authorized, within his district, to remove any obstacle, natural or artificial, which shall, in 1821, 118, § 14. any wise, obstruct, or be likely to obstruct, or render dangerous the passage of any highway or town way.

May dig for ma,

not inclosed.

SECT. 72. He may also dig for stone, gravel or other materials, terials in lands, suitable for making or repairing the roads, in any land, not planted 1821, 118, § 14. nor inclosed, and the same may remove to any place on the roads in his district, where he may judge it necessary; provided however, that, if the land, where such materials are dug up, be not within the limits of the highway, or town way, as laid out, the proprietor thereof shall be entitled to an equivalent in money, from the town, to be recovered after demand on, and refusal by the surveyor, in an action on the case, as on an implied promise.

Water courses, not to incommode individuals.

1821, 118, § 14.

SECT. 73. No surveyor of highways shall, without the approbation of the selectmen, first being had in writing, cause any water course, occasioned by the wash of a highway or town way, to be so conveyed by the side of such way, as to incommode any person's house, store, shop or other building, or to obstruct any person in the prosecution of his business; and any person, aggrieved by the conveying of such water course, in manner aforesaid, may complain to the selectmen, who, on receiving such complaint, shall view the water course complained of; and, after due examination of the

same, may direct the surveyor to alter the said water course, in CHAP. 25. such manner as they shall determine:

amount raised

3 Greenl. 445.

2 Fairf. 367.

SECT. 74. When the sum appropriated and assessed, for the Proceedings, if repair of highways and town ways, in the limits of any surveyor, be insufficient be insufficient, such surveyor, with the consent of the selectmen, to repair roads. obtained in writing, may employ inhabitants of the town upon the 1821, 118, 15. repair of ways in his limits, to an amount of labor, not exceeding 13 Pick. 377. fifteen per centum in addition to the highway tax, committed to him, 13 Maine, 293. to make up the deficiency. The persons, thus employed, shall be paid a reasonable compensation from the town treasury, or in such other mode, as the town may have previously prescribed. SECT. 75. Towns may raise such sums of money, from time to time, as they may deem necessary, to be laid out in making or repairing highways. or town ways, including bridges, in such towns; and may direct the same to be assessed upon polls and estates, as other highway taxes are, and collected, as other cash taxes are: and the same shall be expended for the purposes aforesaid by the selectmen.

Towns may raise cash taxes, to repair ways; how assessed. 1821, 118, § 19. 1828, 399, § 4. 1932, 17, 61. 1836, 219, § 1.

rimmed wheels.

SECT. 76. Any town, at an annual meeting, may authorize their Abatements, on assessors to abate any part, not exceeding three dollars, of the road account of wide tax of any inhabitant thereof, whether payable in money, or other- 1829, 427. wise; provided, such inhabitant shall exhibit to such assessors satisfactory proof of his owning and exclusively using, on the public roads, cart wheels having felloes, not less than six inches in width, during the year for which the tax may be assessed.

SECT. 77. Every town may authorize their surveyors, or other persons, to enter into contracts, for making or repairing the highways or town ways, within the same.

Repair of ways, 1321, 113, 16.

by contract.

road taxes.
1821, 118, § 16.

non payment of

15 Maine, 247.

SECT. 78. Every town may also empower the surveyors to col- Surveyors may be empowered, lect all such taxes, as shall not be paid in labor or otherwise, within to distrain for the time limited by law, or at such periods, as may be agreed upon by the town; and for that purpose, the assessors shall deliver, to them, warrants of distress, which shall be in substance like the warrants, prescribed by law, for collecting other town taxes or they may deliver a warrant, for collecting the deficiency in any highway tax, to the collector, who shall then proceed to collect the same in like manner, as other taxes are by law to be collected; and shall pay over the same to the respective surveyors, who shall be held to account with the selectmen, for the expenditure thereof.

SECT. 79. If any money shall remain unexpended, in the hands Surplus, to be of the surveyors, after the expiration of their office, they shall pay paid to town

veyor neglect

the same to the town treasurer. 1821, 118, § 16. SECT. 80. If any surveyor shall neglect to pay over such sums Penalty, if surto the treasurer, for the time being, on demand, such treasurer may to pay over recover the same, with twenty per cent. in addition thereto, in an such surplus. action for money had and received; to be commenced in the name 1821, 118, § 16. of, and for the use of the inhabitants of the town.

count with se

SECT. 81. Every surveyor, who shall receive his rate bill, shall Surveyors to acexhibit the same to the selectmen, on the first Monday of July, lectmen. Penannually, and also at the expiration of the term for which he may alty for neglect. have been appointed; and at those times, respectively, shall render 1821, 118, § 16. an account of all moneys, that may have been expended by him on

CHAP. 25. the ways: if he unreasonably neglect so to do, he shall, for each offence, forfeit twenty dollars, to the use of the town; to be recovered with costs, in an action of debt, to be prosecuted in the name of the town, by the treasurer thereof.

Towns may elect road com

missioners.

SECT, 82. Any town, at its annual meeting, may, if they see cause, elect, by ballot, one or more road commissioners, not exceed1832, 27, § 1. ing five, in lieu of surveyors of highways. Said commissioners shall be duly sworn; and vacancies in the board may be filled in like manner, from time to time during the year, at any town meetings duly notified.

Their powers, liabilities and compensation. 1832, 27, § 1.

Their mode of proceeding. 1832, 27, 2.

Manner of no

idents.

1832, 27, § 3.

SECT. 83. Such commissioners, except as hereinafter provided, shall have all the rights and powers, conferred upon, and be subject to the duties, enjoined upon, surveyors of highways in this chapter. They shall also be liable to the same penalties, for neglect and misfeasance, so far as they may be, individually and personally, guilty. For their services they may receive such compensation, as the town may provide. Said commissioners may, at any time, assign the care and oversight of any of the public roads in the town, to any of their own number.

SECT. 84. The town assessors shall, on request, deliver to said commissioners a rate bill of all the highway taxes, by them assessed for the current year, payable in labor or in materials, with a statement of the rates and prices affixed to the same by the town. If there be more than one commissioner, they may assign and distribute, to any of their number, the collection of said rate bill, or any part thereof; who shall proceed to notify the persons taxed and require of them the like services, as a surveyor may do, within the limits assigned by the selectmen; and whose certificate, made to the assessors, shall be evidence of such notice, and of the neglect of any persons taxed, who may not comply therewith.

SECT. 85. When any persons, taxed on said rate bills, are non tifying non res- resident proprietors of real estate in said town, or are absent, leaving no attorney or agent, duly entered with the town clerk, or otherwise known to the commissioners, having charge of such rate bill, such commissioners may give them notice of the amount assessed to them, respectively, and the times and places, for them to appear and work out, or otherwise discharge, the same, by posting up advertisements thereof, in two or more public places in said town. If no person shall appear, within twenty days thereafter, to discharge such taxes, agreeably to such notice, such commissioners shall make due return of such notice and neglect to the assessors, as provided in the last section.

SECT. 86. Said delinquent taxes may be collected in the same manner, as other taxes assessed by towns are collected, by any town collector, or one of said commissioners, or such other person as the said commissioners may designate to the assessors, as collector of delinquent highway taxes. Such collector shall be sworn, and shall give such bonds to the town, for the faithful discharge of his duties, as said commissioners shall direct and approve. The assessors shall duly commit such delinquent taxes with their warrant, in due form of law to enforce the collection thereof, to the collector thus designated; who shall possess the same powers, as other col

lectors of town taxes; and shall render his account, and make CHAP. 25. payment, of such sums, as he may collect, to the commissioners, until the next annual town meeting, and afterwards to the town treasurer. Said treasurer shall have the like powers, and be under the like obligations, to compel such account and payment, as he has in regard to the collector of town taxes.

Commissioners may be authordiscount to

ized to make a

money.

SECT. 87. Any town choosing road commissioners, as aforesaid, may, at their annual meeting, authorize the said commissioners to receive money in payment of any tax, to them committed, in lieu of the labor or materials, specified in the rate bills, at such uniform those, who pay discount from the nominal prices and rates of such labor and mate- 1832, 27, § 6. rials, fixed by the town, as it may determine; provided the same be paid before the amount shall have been certified to the assessors, as delinquent.

SECT. 88. When any town shall have more than one road Chairman of commissioner, the selectmen shall designate one of them, to be road commissioners, and his chairman of the board of commissioners, who shall keep the rate duties. bills to them committed for the use of the board, shall make and 1832, 27, § 7. keep the records of accounts of the same, and receive all moneys paid on account of said rate bills, and hold the same, subject to be paid out, as the commissioners shall order. The said chairman shall give bond to the town, for the faithful performance of all his duties, in such penal sum, and with such sureties, as the selectmen shall approve. When only one road commissioner shall be appointed and serve, he shall give bonds in like manner, and be solely responsible, for all duties and liabilities pertaining to the office, under any of the provisions of this chapter.

through defect alty, if life be lost through such defect.

of roads. Pen

1

1825, 300, 3.

442.

14 Maine, 198. 16 Maine, 187.

2 Fairf. 271,335.

3 Pick. 267. 7 Fick. 188.

9

Pick. 146.

13 Pick. 94, 363. 16 Pick. 189,

SECT. 89. If any person shall receive any bodily injury, or Damages shall suffer any damage in his property, through any defect or want of repair, or sufficient railing, in any highway, town way, causeway or bridge, he may recover in a special action on the case, of the county, town, or persons, who are by law, obliged, to repair the 1821, 118, § 17. same, the amount of damage sustained thereby, if such county, Mass. 153. town or persons had reasonable notice of the defect or want of 4 Mass. 422. 7 Greenl. 63, repair. If the life of any person shall be lost, through any such deficiency, the county, town or persons liable to keep such highway, town way, causeway or bridge in repair, provided they have reasonable notice of such deficiency, shall forfeit not exceeding one thousand dollars, to be paid to the executor or administrator of the deceased, for the use of his heirs, to be recovered by indictment. SECT. 90. In case the inhabitants of any town, or organized plantation, shall be fined for any deficiency in any highway or town Surveyor liable way, by indictment, as provided in the fifty seventh section of this cruing through chapter, the surveyor within whose limits the defective way is, shall his neglect. be liable to refund the amount of the fine and costs, to be recovered by the town or plantation, in an action on the case; or the surveyor may, in the first instance, be liable to be prosecuted, instead of the town or plantation, by indictment, and fined, accordingly, for any such deficiency in his limits; provided, such deficiency arise from his neglect, in not expending the money in his bills, or, in case of want of funds, in his not giving due notice of such deficiency to the selectmen of the town, or assessors of such plantation.

541.

for fines, ac

1821, 118, § 18.