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. 27, 1.

R. S. ch.

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. 1b. § 2.

3. When any person shall, by the consent and under the direction of the selectmen, at his own charge, make 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. 1b. § 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. 16. § 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 amcunt 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. lb. § 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 after such notice, or if the objections shall not be adjudged reasonable, the selectmen shall, in writing, under their hands, give liberty to the persons applying, to open such common sewer or main drain, and to clear and repair the

same; and all persons interested therein shall pay their proportions as before provided. Ib. § 6.

7. Nothing contained in the above provisions shall in any manner affect any covenants or agreements among the proprietors of such drains or common sewers. Ib. § 7.

8. The selectmen of the several towns, and the mayor and aldermen of the several cities in the Commonwealth, may lay, make, maintain and repair all main drains or common sewers in their respective towns and cities; and all the main drains or common sewers which have heretofore been or which may hereafter be constructed by any town or city, shall be taken and deemed to be the property of such town or city. St. 1841, ch. 115, § 1.

9. Every person who may hereafter enter his particular drain into any main drain or common sewer so constructed as aforesaid, for the draining of his cellar or land, or in obedience to the by-laws or ordinances of the town or city, or who, by any more remote means, shall receive any benefit thereby, for draining his cellar or land, shall pay to the town or city a proportional part of the charge of making and repairing such main drain or common sewer, to be ascertained and assessed by the selectmen in case of towns, and by the mayor and aldermen in case of cities, and by them certified, and notice thereof given to the party to be charged, or his tenant or lessee. Ib. § 2.

10. And all assessments so made shall constitute a lien on the real estates assessed, for one year after they are laid, and may, together with all incidental costs and expenses, be levied by sale thereof, if the assessment is not paid within three months after a written demand of payment, made either upon the person assessed, or upon any person occupying the estate; such sale to be conducted in like manner as sales for the non-payment of taxes. Ib. § 3.

11. Any person, who may deem himself aggrieved by any such assessment, may, at any time within three months

from receiving notice thereof, appeal to the county commissioners, or if the case arise in the city of Boston or in the town of Chelsea, to the court of common pleas, which court, in such case, shall appoint three disinterested persons, who may be inhabitants of Boston or other town, to settle and assess the share to be charged to such person; and the said county commissioners and referees may examine the parties and any other person, on oath, touching the matter submitted to them, and shall settle and determine the proper amount of charge or assessment; and the said referees, in the case of the city of Boston or the town of Chelsea, shall make return of their doings to the said court of common pleas, and in all cases the decision of said county commissioners and of said referees shall be final; and in case the assessment made by the selectmen or mayor and aldermen shall not be reduced on such appeal, the town or city shall recover costs, but otherwise shall pay costs provided, however, that in all cases of an appeal as aforesaid, the appellant, before entering it, shall give one month's notice in writing to the selectmen, or mayor and aldermen, of his intention to appeal, and shall therein particularly specify the points of his objection to the assessment made by them, to which specification he shall be confined upon the hearing of the appeal. lb. § 4.

12. Nothing contained in this title shall prevent any town or city from providing, by by-law or ordinance, or otherwise, that a part of the expense of constructing, maintaining and repairing main drains or common sewers shall be paid by such town or city; and in the city of Boston, not less than one quarter part of such expense shall be paid by said city, and shall not be charged upon those using the said main drains or common sewers. lb. § 5.

13. The provisions contained in the five preceding sections shall not take effect in any city or town, until they shall have been accepted by the legal voters of any town,

at a meeting called for that purpose, or by the mayor and aldermen, and common council of any city. lb. § 6.

VII. DUTIES OF SELECTMEN AS TO BINDING ORPHAN

1. Minors how bound.

2.

CHILDREN.

7. Apprenticeship discharged by

66 how bound when un- the death of the master.

der fourteen years.

3.

Minors how bound when above fourteen.

4. To be bound by indenture of two parts.

5. One part to be kept for the minor.

6. Money, &c. paid by any master to be for the use of the apprentice.

8. Minor may be bound to a

mistress.

9. Selectmen to enquire into the treatment of children bound out with their approbation.

10 In case of neglect or misconduct of master may file complaint &c.

11. Not liable to cost unless &c.

1. All children, under the age of fourteen years, may be bound as apprentices or servents, until that age, and all minors, above the age of fourteen years, may be bound as apprentices or servants, females to the age of eighteen years, or to the time of their marriage within that age, and males to the age of twenty-one years, in the manner prescribed in the eightieth chapter of the Revised Statutes. R. S. ch. 80, § 1.

2. Children, under the age of fourteen years, may be bound by their father, or in case of his death or incompetency, by their mother, or by their legal guardian, and if illegitimate, they may be bound by their mother; and if they have no parent competent to act, and no guardian, they may bind themselves, with the approbation of the selectmen of the town where they reside. Ib. § 2.

3. Minors above the age of fourteen years, may be bound in the same manner, provided, that when they are bound by their parent or guardian, the consent of the minor shall be expressed in the indenture, and testified by his signing the same. Ib. § 3.