non residents of their town, as other town charges are assessed, and the same shall be collected as other town taxes are collected. Ib. § 9.

25. The lands of non resident proprietors shall be taxed for the making and repairing of highways, in the same manner as for other town taxes; and upon default of payment, the same proceedings shall be had, as are provided for the collection of other town taxes of such persons. 1b. $20.

26. Every surveyor of highways shall have full power (except as provided in the following section,) to cut down or lop off all trees and bushes, and to dig up and remove all stones, stumps, fences, gates, bars, enclosures, or other things, that shall in any manner obstruct or incumber any highway or town way, or hinder, incommode, or endanger persons travelling thereon; and when any such way is incumbered with snow, he shall also forthwith cause the same to be removed or so trodden down, as to make the way safe and convenient. Ib. § 3.

27. No surveyor or other person shall remove or take down any fences, gates, or bars, placed on any highway or town way, for the purpose of preventing the spreading of any disease, which may be dangerous to the public health. Ib § 4.

28. 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 buildings, 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 such manner as they shall determine. Ib. § 5.

29. One half, at least, of the sums of money, granted by any town, for repairing highways and town ways, shall be laid out and expended for that purpose, before the first day of July next after the same shall have been granted. lb. $ 10.

But by the statutes of 1847, ch. 254, this provision is so far repealed that any town, at a legal meeting called for that purpose, may determine at what time or times the money wanted by such town, for repairing highways and town ways, shall be laid out and expended. Until such action has been had by a town, it must be governed in its expenditure by the foregoing note. See St. of 1847, ch.

254.

30. When any town shall, by vote, direct that a part of the money raised to be expended in labor and materials on the highways and town ways, shall be expended in the months of March or April, of the year succeeding that in which it is raised, the surveyors of highways chosen for the year in which such money is raised, are authorized and required to expend the same, according to the directions of such vote provided, that if the same is thus directed to be expended after the surveyors of highways, for such succeeding year, are chosen and qualified, it shall be expended by the surveyors having such tax committed to them, under the direction of the surveyors of such succeeding year, having charge of the repairs of the highways and town ways in the district in which the same is to be thus expended. St. 1839, ch. 144.

31. The surveyor shall (except where highway taxes are collected, as provided in the twenty-fourth section,) give reasonable notice, as directed by the town, to each person in his list, of the sum he is assessed to the highways and town ways; and shall also give to the inhabitants,

within the limits of his district, who may be assessed as aforesaid, seven days' notice of the times and places he shall appoint, (extraordinary casualties excepted,) for providing materials and working on the highways and town ways; and each inhabitant shall have an opportunity to work thereon, in person or by his substitute, or with his oxen, horses, cart and plough, at the prices which the town shall affix to such labor, to the full amount of the sum, at which he is assessed; but if any person so assessed shall pay to the surveyor, in money, the sum assessed to him, the surveyor shall, according to his best judgment, carefully expend the sum so paid in repairing the said ways. R. S. ch. 25, § 11.

32. The surveyor, at the expiration of his term, shall render to the assessors a list of such persons, (if any,) as shall have neglected or refused to work out or otherwise pay their highway tax, when required by him, as provided in the preceding section; and such 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. Ib. 12. §

33. Whenever there shall be a deficiency, either of labor or money, in the amount appropriated for the repair of highways and town ways, within the limits of any surveyor, or when the said amount shall not have been furnished or paid to the surveyor, so that he is unable to make such repairs, he may employ any persons to make such repairs; and the persons so employed shall be paid therefor by the town; provided that the sum so expended, by any such surveyor, shall not exceed ten dollars. Ib. § 13.

His authority is to employ other persons to make such repairs. Those persons and not the surveyor may recov er pay of the town for their labor. 9 Met. 522.

34. If any town shall neglect to vote a sufficient sum of

money, for the purpose of repairing the highways and town ways, or shall not otherwise effectually provide therefor, each of its surveyors, first having obtained the consent of the selectmen for that purpose, in writing, may employ any persons to repair the said highways and town ways, in their respective districts, so that the same shall be safe and convenient for travellers, at all seasons of the year, and the persons so employed shall be paid therefor by said town. Ib. § 14.

35. A surveyor of highways has no authority to repair a way at his own expense, and then to call upon the town for an indemnity; and where a surveyor, before his limits were assigned, without consulting the other surveyors, repaired a way, which upon the assignment did not come within his limits, it was held he was without remedy. 4 Pick. 149.

36. Every town may authorize their surveyors or any other person, to enter into contracts for making or repairing the highways or town ways within the same.

ch. 25, § 15.

R. S.

37. Every town may also empower their surveyors to collect all such taxes, as shall not be paid in labor or otherwise, within 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. lb. § 16.

38. Every surveyor, who shall receive his tax bill, shall exhibit the same to the selectmen, on the first Monday of

July annually, and also at the expiration of the term for which he shall be appointed; and at those times, respectively, shall render an account of all moneys that have been expended by him on the highways and town ways; and if he shall, in any such case, be guilty of any neglect, he shall for each offence forfeit a sum not exceeding fifty dollars, to be recovered by the said treasurer, to the use of the town. lb. § 19.

39. If any money shall remain unexpended in the hands of the surveyors, after the expiration of their office, they shall pay the same to the town treasurer. 1b. § 17.

40. If any surveyor shall neglect to pay over such sums to the said treasurer, upon demand, the treasurer may recover the same in an action for money had and received, with twenty per cent. in addition thereto, to the use of the town. Ib. § 18.

TOWN CLERK.

1. GENERAL DUTIES.

1. How chosen and qualified. 2. Town clerk pro tempore when chosen.

3. In case of death, &c. selectmen inay appoint a clerk,

4. The clerk pro tempore to make a record of his own election.

5. To record all votes

6. May make record of his own election.

7. When he received record. 8. To notify town officers of their election.

9. To administer oaths of office and make record of their administration.

10. Town clerks may administer oaths to appraisers, &c.

11. To preside in the choice of a moderator.

12. To file copies of physicians' and surgeons' licenses.

13. To record mortgages of personal property.

14. Foreclosure of mortgage, notice of to be filed in clerk's office. 15. Mortgages, where recorded. 16. Clerk shall record mortgages. 17. To enter notices of stray beasts and lost goods.

18. Persons taking up stray beasts to cause notice to be entered with clerk.

19. When beasts are taken up within two miles of agricultural Hall, Brighton.

20. Clerks may issue warrant to appraise the same.

21. Duties of town clerks in relation to elections and the selecting of jurors.

22. Town clerks to record lists of persons liable to be enrolled in the militia.