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limits of such towns respectively, which description shall be recorded within ten days by the clerk in a book of records kept in the town. for that purpose. They shall also allow the owner of the land a reasonable time, which shall be expressed in their return, to take off his timber, wood, or trees. If he fails to remove the same within the time allowed, he shall be deemed to have relinquished his right thereto for the benefit of the town. Pub. Sts., c. 49, § 9. Without the vote of the town, neither the selectmen nor the road commissioners have power to contract for the construction of a highway which the county commissioners have ordered built. Bean v. Hyde Park, 143 Mass. 245.

After a highway has been established by the commissioners, if a town whose duty it is to make such highway, or a part thereof, does not make and complete the same within the time and in the manner prescribed, and to the acceptance of the commissioners, they shall, as soon as may be thereafter, cause such highway to be completed as aforesaid; and at their next meeting they shall direct the expenses and charges of completing the same to be paid out of the county treasury, and shall order notice thereof to be given to each town that is delinquent, stating the proportions which they are respectively required to pay. Pub. Sts., c. 49, § 60.

If a delinquent town does not pay its proportion of such expenses and charges before the next regular meeting of the commissioners, with interest thereon at the rate of ten per cent a year from the time the same is paid from the county treasury, the commissioners, unless sufficient cause is shown to the contrary, shall issue a warrant against such town for the sum it was ordered to pay, with the interest and the further costs of such notice and warrant; and the same shall be collected as in other like cases, and be paid into the county treasury. Pub. Sts., c. 49, § 61.

When a highway is laid out or altered, the commissioners, after the same is completed, may order the whole or a part of the expense incurred by any town in making or altering the same, to be paid out of the county treasury. Pub. Sts., c. 49, § 62.

Highways, town-ways, streets, causeways, and bridges shall be kept in repair at the expense of the town, city, or place in which they are situated, when other provision is not made therefor, so that the same may be reasonably safe and convenient for travellers, with their horses, teams, and carriages, at all seasons of the year. Pub. Sts., c. 52, § 1.

The mayor and aldermen of cities, and the selectmen or road commissioners of towns, may select and lay out land within their respective

limits, not appropriated to public uses or owned by any other city or town, as gravel and clay pits, from which may be taken earth and gravel necessary for the construction, repair, or improvement of streets or ways; and may lay out such ways as they deem necessary for convenient access thereto. All proceedings in relation to such land and ways shall be the same as are provided in the laying out of streets and townways respectively; and the report of such laying out shall specify the extent and depth of excavation to be permitted, and the time, not exceeding ten years, during which such land or way shall be held and used. Pub. Sts., c. 49, § 99.

Towns may authorize their surveyors or road commissioners or any other person to enter into contracts for making or repairing the highways or town-ways within the same. Pub. Sts., c. 52, §13; Hawks v. Charlemont, 107 Mass. 414; Clark v. Russell, 116 Mass. 455.

The selectmen or road commissioners may enter upon, use, or take any land for the purpose of securing or protecting a public way or bridge, whenever in their opinion it is necessary so to do; and all damages sustained thereby shall be recovered in the manner provided for the assessment of damages occasioned by the laying out, alteration, or discontinuance of townways. Pub. Sts., c. 52, § 14.

INDEX.

ACCEPTANCE OF STATUTE, 97.

AGE OF VOTER, rule for determining, 17.

AGENTS, may be chosen, 97.

public officers are not, 98.

AID TO SOLDIERS AND SAILORS, towns may grant,

100.

ALIENS cannot vote, 15.

cannot hold office, 15, 28.

ALMSHOUSE, towns may provide, 138.
directors of, may be elected, 40.
towns may join in establishing, 41.
directors may be chosen, 41.

AMOVAL OF OFFICERS, 79.

ANNIVERSARIES, celebration of, 116.

APPEAL, none lies from ruling of moderator, 23.

APPROPRIATIONS, towns may make, for

aid to soldiers and sailors, 100.

armories, 101.

baths and wash-houses, 101.

burial-grounds, 102.

centennial celebrations, 116.

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