be laid out for the making of highways and town ways, within such towns as they may deem necessary; and may, if they see fit, direct the same to be assessed in money on the polls and estates, real and personal, of the inhabitants, residents and non-residents, of their town, and to be collected as other town charges are by law assessed and collected. Ib. § 78.

22. A town has no authority to raise money to aid in the construction of a road, which is by law to be made at the expense of the county. 11 Pick. 396.

23. When the location or alteration of a private way is desired in any town for the use of one or more persons not being inhabitants thereof, or when the location or alteration of any private way is desired, lying partly in one town and partly in another, the county commissioners of the county or counties, where the way is prayed for, may cause such way to be located or altered, proceeding therein, as is provided by law, in case where the selectmen of any town refuse to lay out any private way. Stat. 1837,

ch. 164.

24. No way heretofore opened and dedicated to the public use and not already become a public way, and no way hereafter opened and dedicated to the public use shall become chargeable upon any city or town, unless such ways shall be laid out and established by such city or town, in the manner prescribed by the statutes of this Commonwealth. Stat. of 1846, ch. 203, § 1.

25. It shall be the duty of the mayor and aldermen of each city, and of the selectmen of each town in this Commonwealth, and they are hereby authorized and required, whenever, and so long as the public safety may demand it, to direct and cause the entrances of all the ways aforesaid, entering on and uniting with any existing public way, to be closed up, or, by other sufficient means, to caution the public against entering upon such ways. Ib. § 2.

26. In case any city or town shall not close up the entrances to the ways aforesaid, or give other sufficient notice that the same are dangerous, such city or town so neglecting, shall be liable for any damages arising from any defects therein, in the same manner as if such ways were duly laid out and established. Ib.

$3.

XV. DUTIES OF SELECTMEN UNDER THE MILITIA LAWS.

1. Commanding officers of companies to return to the adjutant general the number of members present and absent, on days of inspection, training, and review.

2. Adjutant general to return to mayor and aldermen and selectmen, the number of men entitled to pay, according to such returns.

turns thereof to the adjutant general.

5. Penalty of neglect.

6. Compensation allowed to members of brigade bands.

7. Masters of bands to make returns of members performing duty to adjutant general;-and commanding officers to certify the same.

8. Masters of bands to make alper-phabetical lists of members performing duty, and certify same to mayor and aldermen and selectmen, who shall provide for their pay

3. Commanding officers to make alphabetical lists of members forming duty, and certify same to mayor and aldermen and selectmen. 4. Cities and towns to pay for the military services, returned as above, and to be reimbursed by the Commonwealth upon making re

ment.

9. What bounty officers and soldiers are to receive.

1. The commanding officer of every company raised at large shall, within twenty days after each of the days of inspection, trainings and review, required by law, make to the adjutant general a return of the number of men belonging to his company, that appeared, armed, uniformed and equipped, and performed duty on any such day, together with the number of men belonging to his company that were absent; it being provided that not more than sixty-four in number shall be so returned as having done such duty. St. of 1845, c. 243, § 1.

2. The adjutant general shall, within ten days after the receipt of the last return provided for in the first section, make to the mayor and aldermen of any city, and the selectmen of

any town, in which the company armory or place of assembling the company is situated, a return of the number of men, that, by the returns made to him under the first section, are entitled to the pay provided for in the section specifying the number of men returned under each parade, and the amounts respectively due therefor. Ib. § 2.

3. The commanding officer of every company raised at large, shall, after each of the days of inspection, training and review required by law, make out an alphabetical roll of the persons, not exceeding sixty-four in number, who shall have appeared, armed, uniformed and equipped, and performed duty in his company, on each of said days; and, within twenty days, annually, after the last parade, shall deliver the same, certified under his oath to be correct and true, to the mayor and aldermen of any city, or the selectmen of any town, in which the company armory, or place of assembling the company, is situated: provided, however, that such roll shall contain the names of those persons only who have performed the duty required by law. Ib. § 3.

4. The mayor and aldermen of each city, and the selectmen of each town, to whom the returns named in the preceding sections are made, shall on or before the first day of November, annually, make out a complete list of all the persons who appear from said returns to be entitled to the bounty mentioned in the following section, and shall thereupon draw their warrants on their respective treasurers, directing them to pay the amount due to the persons named in said returns; and the mayor and aldermen, and selectmen aforesaid, shall return to the adjutant general, on or before the fifteenth day of January, annually, the lists of persons so to be paid, and the amount for which their respective warrants have been drawn; and the adjutant general shall on or before the twenty-fifth day of January, annually, ascertain from the returns made to him, the amount of money which will be necessary to pay the sev

eral cities and towns, and submit the same to the Governor of the Commonwealth, who is hereby authorized to draw his warrant on the treasurer of the Commonwealth for the re-payment of the sums advanced. St. of 1844, c. 101, $5.

5. Any city or town that shall neglect to make return to the adjutant general, as is directed in the last section, shall forfeit its right to be reimbursed by the State. of 1845, c. 243, § 10.

St.

6. Each member of a brigade band shall be entitled to receive the sum of three dollars for each full day's service, and one half that sum for each half day's service, rendered in obedience to an order from the commanding officer of the brigade to which such band may belong, it being provided that such commanding officer shall not order out said band in full, or in sections thereof, more than three times, taking the parades of both, in any one year.

7. The master of every brigade band shall, within ten days after the parade thereof, or of any section thereof, made under order of the commanding officer of the brigade to which such band may belong, make to the adjutant general an alphabetical return of the names of the men who appeared in uniform and performed duty in such band on any such day, the last return to be made on or before the tenth day of November, annually; and the said return shall contain a certificate signed by the commanding officer, to whom said band, or any section thereof, was ordered to report itself for duty, setting forth that the duty was well and faithfully performed, in fault of which the members of such band, or of any section thereof, shall forfeit the pay provided for in the sixth section. Ib. § 5.

8. The master of each brigade band shall further make, after each day of the parade thereof, or of any section thereof, an alphabetical roll of the names of such members of the band as appeared in uniform and performed duty as

set forth in the sixth section, and, within twenty days after the last parade, shall deliver the same, certified under his oath to be correct, to the mayor and aldermen of any city, or the selectmen of any town, within which such master and nay reside, and the mayor and aldermen of such city, the selectmen of such town, shall proceed to provide for the pay of such members, and for the reimbursement thereof on the part of the Commonwealth, in the same manner as is provided for in the case of members of the volunteer companies of the militia: provided, that the adjutant general shall have first certified to such mayor and aldermen, or such selectmen, that from returns made to him, it appears that the members aforesaid have well and faithfully performed the duties required of them. Ib. § 6.

9. The officers and soldiers of every company raised at large, who shall perform the duties required in the 23d and 24th sections of the Statutes of 1840, ch. 106, and the 2d section of the Statutes of 1843, ch. 84, shall each be entitled to receive one dollar for the inspection duty in May, one dollar and fifty cents for each of the two company trainings, and two dollars for the annual inspection and review. St. 1844, c. 101, § 1.

XVI. DUTIES OF SELECTMEN, CONCERNING HAWKERS AND

PEDLARS.

1. Hawkers, pedlars, petty chap- | towns or cities therein mentioned,inen, and other itinerant dealers, to and powers conferred thereby. be licensed. 5. Sums payable for such licen

2. Articles enumerated, which may be sold by hawkers, &c. without license; and power of cities and towns to restrain such sales.

3. Licenses to be granted by the secretary of the Commonwealth, upon the certificate of selectmen or mayors, as to the citizenship, residence, and good repute of the applicants.

4. Extent of such licenses, sums to be paid to the treasurers of

ses.

6. Records of licenses,-how and and by whom to be made.

7. Sums paid for licenses,-to belong to the state, or to the county, city, or town, receiving the same.

8. Name, residence, and number of license to be borne on the vehicle or parcels of person licensed; and license to be exhibited to selectmen, &c. when demanded.