8 Allen, 473. 97 Mass. 472. is encum or endangers, persons travelling thereon; and when such way bered with snow they shall forthwith cause the same to be removed, or 115.43/ so trodden down as to make the way safe and convenient. Fence, &c., to prevent spread SECT. 9. No surveyor or other person shall remove or take down ing of disease, not fences, gates, or bars, placed on a highway or town way for the purpose of preventing the spreading of a disease which may be dangerous to the public health. to be removed. R. S. 25, § 4. Surveyors not to turn water courses so as to R. S. 25, § 5. 2 Met. 599. 8 Gray, 409. SECT. 10. No surveyor of highways shall, without the approbation of the selectmen first had in writing, cause a water-course occasioned incommode, &c. by the wash of a highway or town way to be so conveyed by the side of such way as to incommode any house, store, shop, or other building, or to obstruct any person in the prosecution of his business. Persons aggrieved by a violation of this section may complain to the selectmen or mayor and aldermen, who shall thereupon view the water-course, and may direct the surveyor to alter the same in such manner as they shall determine. Surveyors may 107.414 contract for re ་་ pairing ways; may collect R. S. 25, $ 16. power when sum voted is de- RS 25, § 13. 1 Allen, 102. If towns neglect Two thirds the pended before How taxes shall be expended in SECT. 11. Towns may authorize their surveyors or any other person to enter into contracts for making or repairing the highways or town ways within the same. SECT. 12. They may empower their surveyors to collect all such taxes as are not 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, 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 account with the selectmen for the expenditure thereof. SECT. 13. When there is a deficiency either of labor or money in the amount appropriated for the repair of highways or town ways within the limits of any surveyor, or when said amount is not furnished or paid to him, so that he is unable to make such repairs, he may to an amount not exceeding ten dollars employ persons to make such repairs; and the persons so employed shall be paid therefor by the town. SECT. 14. If a town neglects to vote a sufficient sum of money for the purpose of repairing the highways and town ways, or does not otherwise effectually provide therefor, each of its surveyors, first having obtained the consent of the selectmen for that purpose in writing, may employ persons to repair the 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 the town. SECT. 15. Two-thirds at least of the sums of money granted by each town for repairing highways and town ways, shall be laid out and July unless, &c. expended for that purpose before the first day of July next after the same are granted, or at such other time or times as the town at a legal meeting called for that purpose shall determine. If any part of the money raised is to be expended in labor and materials in the month of March or April of the succeeding year, and after the surveyors of highways for such year are chosen and qualified, it shall be expended by the surveyors to whom the tax was committed, under the direction of the surveyors of the 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. Penalty for not R. S. 25, § 19. SECT. 16. Every surveyor shall exhibit his tax bill to the selectmer on the first Monday of July annually, and also at the expiration of t! term for which he is appointed; and at those times shall render an se count of all moneys expended by him on the highways and town way For each neglect he shall forfeit a sum not exceeding fifty dollars. lected in money. SECT. 17. At the expiration of his term the surveyor shall render to Tax of delinthe assessors a list of such persons as have neglected or refused to work quents to be colout or otherwise pay their highway tax, when required by him as pro- R. S. 25, § 12. vided in section seven; and such deficient sums shall be collected and paid into the treasury like other town taxes. over surplus. SECT. 18. If any money remains unexpended in the hands of a sur- Surveyor to pay veyor at the expiration of his office, he shall pay the same to the town Penalty. treasurer; who, after demand, may recover the same in an action of R. S. 25, §§ 17, contract for money had and received, with twenty per cent. in addition thereto, to the use of the town. 18. damages occa 1859, 67. 2 Met. 599. 109m.123 SECT. 19. When an owner of land adjoining a highway or town Towns to pay way sustains damage in his property by reason of any raising, lowering, sioned by repairs. or other act, done for the purpose of repairing such way, he shall have 25, $6. compensation therefor, to be determined by the selectmen or mayor and 1 Pick 418. 109 m. 123 aldermen; with whom he shall file his petition therefor after the com- 3 Met. 179. mencement, and within one year from the completion of the work; 8 Cush. 69. and who shall finally adjudicate upon the question of damages within thirty days after the filing of the petition therefor, unless the parties agree in writing to extend the time. The benefit, if any, which the complainant may receive by reason of such alteration or repair, shall be allowed by way of set off. SECT. 20. If the petitioner is aggrieved, either by the estimate of his damages or by a refusal or neglect to estimate the same, he may, within one year from the expiration of said thirty days, apply for a jury, and have his damages ascertained in the manner provided where land is taken in laying out highways. Gr he may, by agreement with the adverse party and upon application made within the same time, have them ascertained by a committee to be appointed, in the city of Boston by the superior court, and elsewhere by the county commissioners in their respective jurisdictions. 10 Cush. 411. 6 Gray, 372. 8 Gray, 409. 15 Gray, 486. 106 Mass. 85. Petitioner ag- grieved may ap &c. 1859, 67. 14 Gray, 216, 218. through defect, $1000. SECT. 21. If the life of a person is lost by reason of a defect or want If life is lost of repair of a highway, town way, causeway, or bridge, or for want of &c., executor suitable rails on such way or bridge, the county, town, or person, by my recover law obliged to repair the same, shall be liable to a fine of one thousand R. S. 25, § 21. dollars, to be recovered by indictment to the use of the executor or ad- 105 Mass. 599. ministrator of the deceased person, for the benefit of his heirs, devisees, or creditors: provided, that the county, town, or person, had previous reasonable notice of the defect or want of repair of such way or bridge. Damages for deSECT. 22. If a person receives or suffers bodily injury, or damage in fect of ways. his property, through a defect or want of repair, or of sufficient railing 1838, 104 in or upon a highway, town way, causeway, or bridge, he may recover, 1917. in an action of tort, of the county, town, place, or persons, by law 8 Met. 358 obliged to repair the same, the amount of damage sustained thereby, if such county, town, place, or persons, had reasonable notice of the defect, want of repair, or of sufficient railing, or if the same had existed for the space of twenty-four hours previous to the occurrence of the injury or damage. But no such damage shall be recovered by a person whose carriage and load thereon exceed the weight of six tons. 11 Gray, 142, 154, 157. 13 Gray, 61. 14 Gray, 246. 2 Allen, 552 3 Allen, 374, 402, 407. 4 Allen, 557. 5 Allen, 98. 8 Allen, 51. 10 Allen, 147. 11 Allen, 318 12 Allen, 536. 97 Mass 258, 238, 272, 273, 431. 98 Mass, 80, 100 Mass. 50, 185, 255. 101 Mass 93, 99, 193, 315. 102 Mass. 329, 526. 103 Mass 509, 530, 116M.545 R. S. 25, § 22. 117 m. 509 1850, 5.51. 1876-22751 2 18 let 292, 297. Repeated 1 Cush. 443, 451. 4 Cush. 310. 6 7 Cush 490. 11 Cush. 563. 5 Gray, 61. 7 Gray, 100, 104. 9 Gray, 386. R. S. 25, § 23. $6. 1084.585 14 m. 12. 283446 159 110M-21 9.135, 305, 641. 104 Mass. 24, 75, 78, 84. 105 Mass. 80, 82, 310, 313, 470, 473. 106 Mass. 271, 276, 278, 450. 107 m.339347) 201 SECT. 23. If, before the entry of an action provided for in the pre- Party liable ceding section, the defendant tenders to the plaintiff the amount which may tender, &c. he would be entitled to recover, together with all legal costs, and the 7 Cush. 581. plaintiff does not accept the same, and does not recover upon the trial more than the sum so tendered, the defendant shall recover his costs. SECT. 24. If a town neglects to repair any of the ways or bridges which it is by law obliged to keep in repair, or neglects to make the same safe and convenient when encumbered with snow, such town shall pay such fine as the court in its discretion may order. Penalty on towns for neglect, &c. 103 Mass. 133. 334,575 506.574. 520.522 187627 Fines imposed, appropriated for R. S. 25, § 25. 187622751 1172.509 Location, when 3 Pick. 408. 18 Pick. 312. 7 Gray, 343, 345. 107 Mass 232 call R. S. 25, § 34. SECT. 25. Except in cases where it is otherwise specially provided, fines imposed on a town for deficiencies in the ways and bridges within the same, shall be appropriated to the repairing of such ways and bridges; and the court imposing such fine shall appoint one or more persons to superintend the collection and application of the same, who shall make a return of their doings therein to the court. SECT. 26. If on the trial of an indictment or action brought to recover damages for an injury received by reason of a deficiency or want of repair in a highway, town way, causeway, or bridge, it appears that the county, town, or person, against whom such suit is brought, has, at any time within six years before such injury, made repairs on such way or bridge, such county, town, or person shall not deny the location. thereof. PRIVATE WAYS AND BRIDGES. SECT. 27. When four or more persons are the proprietors and righten meeting ful occupants of a private way or bridge, and three of them make application in writing to a justice of the peace to call a proprietors' meeting, the justice may issue his warrant therefor, setting forth the time, place, and purpose, of the meeting; which shall be posted up in some public place of the town' where such way or bridge is situate, seven days at least before the time appointed for the meeting. Penalty on sur R. S. 25, § 42. SECT. 28. The proprietors and occupants so assembled shall choose a clerk and surveyor, who shall be sworn. They may determine by a majority of those present the manner of calling future meetings; what repairs of the way or bridge are necessary; and the proportion of money and of labor and materials to be furnished by each proprietor and occu pant for such repairs. The surveyor shall have the like powers with respect to such ways or bridges as are exercised by surveyors of highways. SECT. 29. A proprietor or occupant refusing or neglecting to comply with such vote when required by the surveyor, shall be held to pay him the amount of his proportion in money, with ten per cent. interest thereon, in an action of contract. SECT. 30. If a person so chosen refuses or neglects to accept that trust and take the oath, he shall forfeit the sum of five dollars, to be recovered in the manner provided for the like neglect or refusal of a person chosen surveyor of highways. SECT. 31. Damages and forfeitures recovered under the provisions of the two preceding sections shall be applied to the use of the proprietors for repairing said ways or bridges. SECT. 32. The proprietors and occupants may, at a legal meeting for that purpose, authorize any person to contract by the year, or for a longer or shorter time, for making and keeping in repair such private ways or bridges; may vote to raise such sum of money as they may deem necessary for carrying such contracts into effect; and may choose assessors who shall assess each proprietor and occupant for his proportion of such sum, according to his interest in such way or bridge, and deliver the lists of such assessments to the surveyor, with proper warrants of distress, in substance as is prescribed by law for collecting town taxes. SECT. 33. The surveyor may levy and collect such taxes in the same manner as surveyors of highways are empowered to collect highway taxes. SECT. 34. If a surveyor neglects or refuses to pay over according to veyor for neglect. the direction of his warrant the moneys so collected, he shall be liable to the same penalties as are provided for a-like neglect or refusal of surveyors of highways to pay over moneys to the town treasurer. Chapter to apply SECT. 35. The provisions of this chapter shall apply to cities except as otherwise provided in their charters or acts in amendment thereof. CHAPTER 45. [See 1867, 242; 1870, 314; 1872, 84.] OF REGULATIONS AND BY-LAWS RESPECTING WAYS AND BRIDGES. and maintain SECTION 1. Every town shall in the manner provided in this chap- Towns to erect ter, erect and maintain guide posts on the highways and other ways guide posts. within the town, at such places as are necessary or convenient for the R. S. 25, § 28. direction of travellers. SECT. 2. The selectmen of each town shall submit to the inhabitants Selectmen to reat every annual meeting a report of all the places in which guide posts &c. Penalty. port locations, are erected and maintained within the town, and of all places at which R. S. 25, § 29. in their opinion they ought to be erected and maintained. For each neglect or refusal to make such report they shall severally forfeit the sum of ten dollars. mine places for SECT. 3. Upon the report of the selectmen, the town shall determine Towns to deterthe several places at which guide posts shall be erected and maintained, posts. Penalty. which shall be recorded in the town records. A town which neglects R. S. 25, § 30. or refuses to determine such places, and to cause a record thereof to be made, shall forfeit the sum of five dollars for every month during which it neglects or refuses so to do; and in such case, upon any trial for not erecting or maintaining guide posts reported to be necessary or convenient by the selectmen, the town shall be estopped from alleging that such guide posts were not necessary or convenient. erected at places, boards. SECT. 4. At each of the places determined by the town there shall Posts to be be erected a substantial post of not less than eight feet in height, near with guide" the upper end of which shall be placed a board or boards, and upon R. S. 25, § 31. each board shall be plainly and legibly painted or otherwise marked the name of the next town or place, and such other town or place of note as the selectmen think proper, to which each of such roads leads, together with the distance or number of miles to the same; and also the figure of a hand, with the forefinger thereof pointing towards the towns or places to which said roads lead: provided, that the inhabitants of any town may at their annual meeting agree upon some suitable substitute for such guide posts. lect to erect posts. SECT. 5. Every town which neglects or refuses to erect and main- Penalty for negtain such guide posts, or some suitable substitutes therefor, shall forfeit R. S. 25, $32. annually the sum of five dollars for every guide post which it so neglects or refuses to maintain. SIDEWALKS. constructed SECT. 6. A person owning or occupying lands adjoining a highway Sidewalks, how or road in a town, may construct a sidewalk within such highway or Penalty for ri lroad, and along the line of such land, indicating the width of such side- ing, &c., over. Surveyor's au thority. Cities. 8 100 Mass. 257. walk by trees, posts, or curb-stones, set at reasonable distances apart, or 1849, 24, §§ 1, 2, by a railing erected thereto; and where a sidewalk is so constructed, whoever rides or drives a horse or team upon and along the same shall forfeit the sum of one dollar to be recovered by such owner or occupant in an action of tort. But this section shall not diminish or interfere with the authority of surveyors of highways, or any other authority that can be legally exercised over highways or roads; nor shall it in any manner diminish the liability of any person for unreasonably obstructing highways or roads, nor shall it apply to cities. See Ch. 46, § 6. 1867, 242. 1869, 381. When selectmen, &c., sidewalks. Expense, how paid. SECT. 7. In cities in which the city council, and in towns in which &c., may grade, the inhabitants, have adopted the provisions of this and the following section, the mayor and aldermen or selectmen may establish and grade sidewalks in such streets as in their judgment the public convenience may require, and may assess the abutters on such sidewalks one-half the expense of the same, the residue being paid by such city or town. All assessments so made shall be a lien upon the abutting lands in the same manner as taxes are a lien upon real estate. See 1863, 114. Sidewalks not to be obstructed, unless, &c.; 1855, 43, § 2. See 1863, 114. removal of snow, &c., from, in cities. SECT. 8. No sidewalk constructed or graded in a city or town shall be dug up or obstructed in any part thereof, without the consent of the mayor and aldermen of the city, or of the selectmen of the town, in which such sidewalk is established. SECT. 9. City councils may by ordinance provide for the removal of snow and ice from sidewalks in such portions of their cities as they 1857, 64, §§ 1, 2. deem expedient, which ordinance shall determine the time and manner of removal, and shall affix penalties not exceeding fifty dollars to any violation of its provisions by any owner or tenant of the estate abutting upon the sidewalk from which the snow and ice are required to be removed. By-laws to pre vent pasturing cattle in high ways; 1857, 82. BY-LAWS. [See 1864, 163; 1865, 31.] SECT. 10. A city or town may make suitable by-laws and regulations to prevent the pasturing of cattle or other animals, either with or without a keeper, upon any or all of the streets or ways in such city or town, and may annex penalties not exceeding twenty dollars for each See Ch. 18, § 14. violation thereof. But no such by-law or regulation shall affect the right of a person to the use of land within the limits of such way adjoining his own premises. 14 Gray, 52. to regulate travel over certain county bridges; R. S. 25, § 44. certain town bridges; SECT. 11. The commissioners of each county may establish by-laws to prevent persons from riding or driving horses at a rate faster than a walk over any bridge maintained by such county, which shall have cost not less than one thousand dollars; and annex penalties not exceeding one dollar for a breach thereof, to be recovered in an action in the name of the county treasurer. SECT. 12. A town may at an annual meeting establish by-laws to prevent persons from riding or driving horses at a rate faster than a walk See Ch. 18, § 14. Over any bridge within the limits of such town, which shall have cost R. S. 25, § 45. over incorporated bridges. R. S. 25, § 47. 7 Gray, 457. No penalty unless by-laws are posted up. not less than five hundred dollars; and annex penalties not exceeding one dollar for a breach thereof; but such by-laws shall first be approved by the commissioners for the county in which such town lies. SECT. 13. The proprietors of an incorporated bridge may make such by-laws as they deem necessary to prevent persons from riding or driving horses over such bridge at a rate faster than a walk; and annex penalties to such by-laws not exceeding two dollars for each offence, to be recovered to the use of the corporation. SECT. 14. No person shall be liable to any of the penalties in the three preceding sections, unless the commissioners, town, and proprieR. S. 25, §§ 46, tors, respectively, keep posted up at each end of such bridges, in some conspicuous place, a board painted with a white ground containing in black letters the substance of their said by-laws. 47. |