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CHAPTER 45.

OF REGULATIONS AND BY-LAWS RESPECTING WAYS AND BRIDGES.

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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 k. s. 25, $ 28. direction of travellers.

SECT. 2. The selectmen of each town shall submit to the inhabitants Selectmen to at every annual meeting a report of all the places in which guide posts are erected and maintained within the town, and of all places at which penalty. in their opinion they ought to be erected and maintained. For each R. S. 25, $ 20. neglect or refusal to make such report they shall severally forfeit the sum of ten dollars.

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, mine places for 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.

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

places, with the upper end of which shall be placed a board or boards, and upon guide boards. each board shall be plainly and legibly painted or otherwise marked the R. S. 25, 9 31. 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.

Sect. 5. Every town which neglects or refuses to erect and main- Penalty for neg. tain such guide posts, or some suitable substitutes therefor, shall forfeit lect to erect annually the sum of five dollars for every guide post which it so neglects R. S. 25, $ 32. or refuses to maintain.

SIDEWALKS. 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 ridroad, and along the line of such land, indicating the width of such side- ing, &c., over.

erected at

constructed.

3.

When select

walks.

Surveyor's au walk by trees, posts, or curb-stones, set at reasonable distances apart, or
thority. Cities.
1819, 21, $$ 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 shali
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 ob-
structing highways or roads, nor shall it apply to cities.

Sect. 7. In cities in which the city council, and in towns in which menee made the inhabitants, have adopted the provisions of this and the following

section, the mayor and aldermen or selectmen may establish and grade Expense, how paid.

sidewalks in such streets as in their judgment the public convenience 1855, 43, $ 1. 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. Sidewalks not Sect. 8. No sidewalk constructed or graded in a city or town shall to be obstruct- be dug up or obstructed in any part thereof, without the consent of the 1855, 43, $ 2. 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, &c.,from,

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.

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BY-LAWS. By-laws to pre- SECT. 10. A city or town may make suitable by-laws and regulations cattle in high to prevent the pasturing of cattle or other animals, either with or withways. out a keeper, upon any or all of the streets or ways in such city or

1857, 82. 14 Anaysa 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. to regulate

SECT. 11. The commissioners of each county may establish by-laws fraxelourer cer- to prevent persons from riding or driving horses at a rate faster than a bridges. walk over any bridge maintained by such county, which shall have cost R. S, 25, § 44.

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 over any

dge within the limits of such town, which shall have cost 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. over incorpo

SECT. 13. The proprietors of an incorporated bridge may make rated bridges such by-laws as they deem necessary to prevent persons from riding or R. S. 25, § 17. 7 Gray, 457. 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. No penalty

Secr. 14. No person shall be liable to any of the penalties in the unless hdlaws 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.

certain town bridges. R. S. 25, $45.

47.

CHAPTER 46.

OF THE BOUNDARIES OF HIGHWAYS AND OTHER PUBLIC PLACES, AND

ENCROACHMENTS THEREON.

SECTION
1. Fences, &c., when deemed boundaries of

highways, &c.
2. Limitation.
3. When building adjudged nuisance, taken

down, sold, &c. Costs. 4. Gates, rails, &c., how and when removed. 5. Gates, fences, &c., on town or private ways,

how removed.

SECTION
6. Shade trees may be planted in highways;

how removed.
7. penalty for injuring, &c.
8. owner of bcast damaging, liable, &c.
9. may be set out at public expense, when,

&c. Sums to be appropriated.

475

SECTION 1. Where buildings or fences have been erected and con- Fences, &c., tinued for more than twenty years, fronting upon or against a training Whend deemed field, burying place, common landing place, highway, private way, street, highways, &c. lane, or alley, and from the length of time or otherwise the boundaries RS: 24, 961. thereof are not known, or cannot be made certain by the records or by 8 Met. 578. monuments, such fences or buildings shall be deemed and taken to be the 11 Cush.487. true boundaries thereof. When such boundaries can be made certain, no length of time, less than forty years, shall justify the continuance of a fence or building on a town or private way, or on a highway, training field, burying place, landing place, or other land appropriated for the general use or convenience of the inhabitants of the commonwealth, or of a county, town, or parish; but the same may upon the presentment of a grand jury be removed as a nuisance.

SECT. 2. The limitations of time prescribed in the preceding section Limitation. shall take effect from and after the thirty-first day of December in the R. S. 24, § 62. year one thousand eight hundred and thirty-nine.

SECT. 3. When a building, fence, or other encumbrance, erected or When building continued on a town or private way, or on a highway, training field, adjudged a nulburying place, landing place, or other land appropriated for the general down, sold, &c. use or convenience of the inhabitants of the commonwealth, or of a R. S. 24, $ 63. county, town, or parish, is adjudged a nuisance and ordered to be abated, and the materials, upon a sale thereof by auction, shall be insufficient to pay the costs and charges of prosecution and removal, the court may order the deficient sum to be raised and levied from the goods and chattels of the party convicted of erecting or continuing such nuisance.

SECT. 4. Any person may take down and remove gates, rails, bars, Gates, rails,&c., or fence[s], upon or across a highway, unless the same have been there on highways, placed for the purpose of preventing the spreading of a disease dangerous removed. to the public health, or have been erected or continued by the license 1o Mass: 2.12 of the county commissioners or of the selectmen of the town; in which case a person aggrieved by such taking down and removal may apply to the commissioners, or selectmen, respectively, who may order the same to be replaced.

SECT. 5. If fence[s], gates, rails, or bars are upon or across a town way or private way, the same may be removed by the order of a justice of private ways; the peace, unless the same are there placed for the purpose of preventing R. S. 25, $ 43. the spreading of a disease dangerous to the public health, or unless the same are erected or continued by license of the town, or of the person for whose use such private way was laid out; and a person aggrieved by such removal may apply to the commissioners; and if upon examination it appears that the same were erected or continued by license as aforesaid, the commissioners shall order them to be replaced.

SECT. 6. The mayor and aldermen, selectmen, or any municipal Shade trecs may officer of a city or town to whom the care of the streets or roads may highways, &c.; be intrusted, may authorize the planting of shade trees therein, wher

476

on town or

.

Shade trees,

ever it may not interfere with the public travel or with private rights; how removed. i and shade trees standing and trees planted pursuant to such license See Ch. 44, 98. shall be deemed and taken to be the private property of the person so

planting them, or upon whose premises they stand or are planted, and shall not be deemed a nuisance; but upon complaint made to the mayor and aldermen, or selectmen, they may cause such trees to be removed at the expense of the owner thereof, if the public necessity seems to

them so to require. penalty for in- SECT. 7. Whoever wantonly injures, defaces, tears, or destroys, an juring, &c. 1856, 256, $ 2.

ornamental or shade tree, or shrub, statue, fountain, vase, or other plant or fixture of ornament or utility, in a street, road, square, court, park, public garden, or other enclosure, shall forfeit not less than five nor more than one hundred dollars, to be recovered by complaint, one-half to the complainant and the other half to the use of the person upon whose property, or within whose premises, the trespass was committed.

SECT. 8. Whoever negligently or carelessly suffers any horse or other hebst damaging, beast driven by or for him, or any beast belonging to him and lawfully 1859, 261.

on the highway, to break down, destroy, or injure any tree not his own, standing for use or ornament on said highway, or negligently or wilfully by any other means breaks down, destroys, or injures any such tree, shall be subject to an action for damages, at the suit of the owner or tenant of the land in front of which the tree stands.

SECT. 9. In a city in which the city council, and in a town in which expense, when, the inhabitants, have accepted this section, the mayor and aldermen or &c. Sums to be selectmen may set out and maintain shade trees upon the public squares 1857, 115, 691, and highways, at the expense of such city or town, which may approSee Ch. 44, 58. priate annually, for that purpose, a sum not exceeding twenty-five cents

for each of its ratable polls in the year next preceding that in which such appropriation is made.

owner of

may be set

CHAPTER 4.7.

OF FERRIES.

SECTION

1. Ferrymen to be licensed by commissioners.
2. Tolls to be established by commissioners.

Ferrymen to give bond.
3. Safe boats to be kept at ferries, &c. Penalty.
4. Remedy for persons sustaining damage

through negligence of ferrymen.

SECTION
5. Penalty for keeping ferry without anthor-

ity.
6. When towns to maintain ferry.
7. When two towns shall bear expense jointly.
8. Penalty for neglect.

Tolls to be es

Ferrymen to be SECTION 1. No person shall keep a ferry and receive pay, unless he licensed by commissioners. first obtains a license therefor from the county commissioners. Such R. S. 26, $$ 1, 2. license may be granted to suitable persons for such time as the commis

sioners think proper, and they may revoke it when necessary.

SECT. 2. The commissioners shall establish the fares or tolls at each tablished by commissioners. ferry for passengers, horses, carriages, and other things, there transFerrymen to give bond.

ported, always having regard to the length and situation of the ferry, K. S. 26, $ 2. and the number of persons passing the same; and in all cases taking

bond with sufficient sureties of each ferryman for the faithful performance of his duty. But this and the preceding section shall not apply to ferries established by law prior to the thirtieth day of April in the year

one thousand eight hundred and thirty-six. Safe boats to be SECT. 3. Every ferryman shall keep a safe and good boat or boats in kept at ferries,

good repair, adapted to the waters where they are to be used, and shall

&c.

gire ready attendance on passengers on all occasions, according to the Penalty.
regulations established for his ferry. For every neglect in keeping such R. 8. 28, $$ 3, 4.
a boat, or in giving such attendance, he shall forfeit a sum not exceed-
ing twenty dollars, and be further liable in an action of tort for such
damages as any person sustains by such neglect.

Sect. 4. Whoever sustains an injury by the negligence or default of Remedy for
a ferryman may have a remedy by an action upon the bond required in canare bey de
this chapter; and in such action like proceedings may be had as in men.

R. S. 26, 85. actions brought on the bonds of sheriffs.

Sect. 5. Whoever without lawful authority keeps a ferry and Penalty for demands or receives pay or toll therefor, shall forfeit a sum not exceed- keeping ferry ing five dollars for every day that he keeps such ferry, and be further ity.

R. S. 26, $ 6. liable in an action of tort for such damages as are thereby occasioned to any person authorized to keep an established ferry.

SECT. 6. When the commissioners judge it necessary to establish When towns to a ferry, and no person appears to keep the same for the stated profits maintain ferry. thereof, the town where such ferry may be shall provide one or more suitable persons to keep and attend the same at such place and in such times of the year as the commissioners order, which persons shall be licensed as aforesaid; and the expense of maintaining such ferry, beyond the amount received for tolls, shall be paid by the town.

Sect. 7. If such ferry is established between two towns, they shall When two maintain the same, either jointly or alternately, as the commissioners shall order.

Sect. 8. A town neglecting to maintain a ferry as provided in the Penalty for negtwo preceding sections, shall forfeit for each month's neglect a sum not lets. 26, § 9 exceeding one hundred dollars.

towns to bear
expense.
R. S. 26, $ 8.

CHAPTER 48.

OF SEWERS AND DRAINS.

men.

SECTION

SECTION 1. Board of aldermen in Boston may lay and 8. Highways, streets, &c., not to be dug up to repair sewers and drains.

lay drains, &c., without consent of select2. Land to be taken and damages appraised as in laying out highways.

9. Drains, &c., how to be constructed. 3. In towns which shall accept, &c., main 10. Persons benefited to share expense of drains and sewers may be laid.

making drains, repairing, &c. 4. Persons entering their drains into the main 11. to share expense of removing obstrucdrain to be assessed, &c.

tions, &c. 5. Such assessments to constitute a lien. 12. refusing to pay their proportions, shall 6. Party aggrieved may have jury. To file pay double the amount, &c. specification of objections.

13. Notice to be given before opening any drain. 7. Town may provide that part of expense 14. Provisions not to affect agreements of parshall be paid by town, &c. In Boston, not

ties. less than one quarter to be so paid.

Bel zee

is necessary

SECTION 1. The board of aldermen of the city of Boston may lay, Board of aldermake, and maintain, in said city, all such main drains or common sewers may lay and reas they shall adjudge to be necessary for the public convenience or the pair sewers and public health, and may repair the same from time to time whenever it 1857, 225, $ 1.

Sect. 2. When land is taken by virtue of the preceding section, the Land to be board shall proceed in the manner required by law in taking land for taken and adama public highways or streets; and persons suffering damage in their prop- niin laying out erty shall have the rights and remedies for the ascertainment and the 1857, 225, $ 2. recovery of the amount of such damage provided by law for the ascertain

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