PAR. 1. Guardians. High-Ways. An Act relating to Guardians of Minors. BE it enacted by the Governor and Council, and Houfe 227 457. of Reprefentatives, in General Court affembled, That Guardians when and fo often as there fhall be Occafion, the Courts of Pro- how chofen. bate in the feveral Diftricts in this State, fhall be, and they are hereby empowered to allow of Guardians, who fhall be chosen by Minors of Age by Law for the choosing of Guardians; and to appoint Guardians for fuch as fhall be within that Age. 2. And that when it fhall fo happen that there fhall be any Minor, of Age for the choofing a Guardian, who hath neither Father, Guardian, nor Mafter; then each and every of the Judges to caufe miJudges duty of the faid Courts of Probates within whose District fuch Minor nors to elect. lives or refides, fhall notify fuch Minor to appear before him, and elect fome meet Perfon to be his or her Guardian; which being done, the fame may be allowed as abovesaid. 3. And upon Refufal or Neglect to make fuch Election, fuch Judge fhall appoint, and the refpective Judges aforesaid, are here- On refusal by empowered to appoint a Guardian for fuch Minor neglecting judges to appoint. or refusing as aforefaid. And the Power and Authority of fuch Guardian fhall be as good and effectual to all Intents and Purpo fes, as if first clefted by fuch Minor; and thereupon allowed as aforefaid. 4. And every Judge of Probate, on his allowing or appointing any Guardian as aforefaid, fhall take fufficient Security of all fuch Judges to Guardians, for the faithful Discharge of their Trust, according to take bond. Law; and to oblige them to render their Account of their Guardian-fhip to the Court, or Minor, when fuch Minor shall arrive at full Age; or at fuch other Time, as the said Court of Probate, upon Complaint to them made shall fee Cause to appont. An Act for providing, altering, regulating and mend- PAR. 1. BE it enacted by the Governor and Council, and Houfe of 5005 596 each Town in this State fhall, at their annual Meeting for electing Town Officers, yearly, choofe two or more of their Inhabitants Surveyors to to be Surveyors of High-ways; to take Care of, and over-fee the be chofen mending and repairing of all the Highways within their Towns,re- yearly. fpectively, which Surveyors fhall be fworn to a faithful Discharge of their Office: who are hereby empowered to call outthe feveral Per- Perfons who fons in fuch Towns, from fixteen Years of Age, to fixty Years of are to work Age; as well Indian, Molatto and Negro-Servants or Slaves as oth- at high-ways. ers, (Magiftrates, Juftices of the Peace, Gospel Minifters, Ruling Elders, allowed Physicians, School-Mafters, Conftant Herdsmen, Shepherds, one Miller to each Grift-Mill, and fuch other Perfons, as are exempted by Law excepted) two Days at least in each Year if there fhall be need, and fo many more as in his or their Judgment fhall be found neceffary for the attaining the aforementioned End; to be directed in their work by the faid Sur 228 Three days warning. Penalty for neglect. Parents, &c. to pay for neglects of Minors. &c. ment. High-Ways. veyors; and where they fhall fee meet to employ a Team, they may warn the owner thereof to bring forth the fame for that Service: And the Owner of fuch Team fhall be allowed for his Team the Work of one Man. 2. And all Perfons fhall have three Days warning, before the Day appointed for fuch Employment. And if any Perfon fo warned, fhall refufe or neglect to attend and perform the faid Service in Manner aforefaid, he fhall Forfeit for every Days neglect viz. For a Perfon, the Sum of Fifty Cents; and for a Man and Team the Sum of One Dollar. 3. Which Forfeitures being made by Minors and Servants or Slaves fhall be paid by their Parents, Guardians or Mafters refpectively and the Fines fo forfeited, fhall be delivered to faid Surveyors, and by them be improved to hire others to Work in faid Ways. : 4. And every Surveyor fhall, within four Days after the feveral Days appointed for faid Work, deliver in to fome Affiftant or Surveyors to Juftice of the Peace, a true prefentment of all fuch Perfons as make prefent- have been defective, with an Account of their feveral defects or neglects: And if the Perfon defective either in Whole or in Part of the Work, fhall not within one Week after fatisfy the Surveyor or give fatisfying Reafon to the faid Affiftant or Juftice, of his not working, fuch Affiftant or Juftice fhall grant a Diftress directed to the Sheriff, his Deputy, or Conftable, for the levying by Diftrefs and Sale of the Offenders Goods, the incurred Forfeitures, to be delivered to the faid Surveyors for the Ufe aforefaid. Penalty on Surveyors peglecting their duty. count of forfeitures &c. 5. And if any Surveyor neglect the Truft committed to him either in not calling out the Inhabitants to Labour, as aforefaid, or in not returning the Names of thofe who fhall be deficient, as aforefaid, he fhall incur the fame Penalty as thofe he paffed by are liable to, by Virtue of this A&t; to be recovered on Complaint and Conviction thereof by Diftrefs as aforefaid. 6. And every fuch Surveyor fhall render an Account of the Improvement of all fach Forfeitures as fhall be by him received Surveyors to to the Affiftant or Juftice who granted out a Diftrefs for the fame, render an ac- within twenty Days after receiving fuch Forfeitures: And if it appear to fuch Affiftant or Juftice, that any fuch Surveyor hath neglected to improve fuch Forfeitures according to the direction of this Act, that then, in fuch Cafe, fuch Affiftant or Juftice is hereby authorized and empowered to grant a Diftrefs against the Goods and Chattels of fuch Surveyor for collecting fuch Sum or Sums as fhall be found not to be improved as aforefaid; and the fame to be delivered to the Treasurer of the Town where fuch Distress is made. Tower to turn water courfes. 7. Be it further enacted, That whenever there may be Occafion to clear any Water-Course or Place or Places where Water may drain off from any High-way, to make the fame dry and better to pafs in, the faid Surveyors of High-ways, with the Perfon attending them, may and they are hereby empowered to clear fuch Water-Courfes and Places where Water may drain off from High ways into or through any Perfons Land or Poffeffion fo far as may be neceffary fufficiently to drain the Water off from the Highways. 8. And that the refpeftive Towns in this State have Liberty, fo often as they judge neceffary, at their annual Town Meetings, Select-men to to vote and agree, that the Select-men fhall fet out to each Survey- fet out districts to furveyors. or of High-ways, by fuch Town chofen, a certain District within faid Town for mending High-ways, and order and direct who of the Inhabitants by Law obliged to work at High-ways, fhall Labour under each Surveyor; and to alter faid Districts as they fhall find Occafion. And the Select-men of every Town so agreeing, are hereby appointed and empowered to perform the Service aforefaid, Provided, This A&t fhall not be conftrued to the Prejudice of fuch as have obtained Liberty, or fhall obtain Liberty from the County Court to fet up Gates or Bars in High-ways. Provifa. 9. And be it further enacted, That the Select-men of the feveral Towns through which the Stages charged with the Mails pafs, do Stage roads to mend and repair the Bridges and Roads ufed by the Stages, and be repaired. keep the fame in good Repair: And upon Complaint made to the County Court of any neglect in fuch County, fuch Court fhall Order neceffary Repairs, and grant a Warrant against the County Court Select-men of the Town where fuch neglect is found, to collect pairs. the Sums expended in Repairs from the Select-men of the Town or Towns fo neglecting. may order re 10. And be it further enacted, That each Town in this State Towns may have Liberty and the fame is hereby granted to faid Towns to the Lift of their Polls, and reatable Eftate, ways by tax. Tax themfelves repair Highfor the Purpose of repairing their High-ways during the pleasure of the General Affembly. upon tion, may ap 11. And be it further enacted, That where any new High-way or common Road from Town to Town or Place to Place fhall be wanting, and where old High-ways with more Conveniency may County Court be turned or altered, any Perfon or Perfons may make Application on applicato the County Court within the fame County for that Purpofe; point a comwhich Perfons moving as aforefaid, fhall, at least twelve Days be- inittee to lay fore the fitting of the Court to which he or they fhall make Ap- out high-ways plication as aforefaid, cause a Citation to be ferved on one or more of the Select-men of that Town, within whofe Bounds the fame is moved to be laid out or altered, to appear (if they fee Caufe) at faid Court and make their Objections (if any they have) against fuch High-ways being laid out or altered; and thereupon, if no Objections are offered, or if the Objections are judged infufficient, the faid County Court may enquire, by a disinterested Committee, or otherwife, into the Conveniency and Neceffity thereof; and if the fame is judged by faid Court to be of common Convenience or Neceffity, fuch Court is hereby empowered to appoint a Committee of three difinterested Freeholders, to view and lay out, or alter fuch High-way; which Committee fhall Notice. give feasonable Notice to one or more of the Select-men of the Town or Towns in which the fame is to be laid out; and also fet up a Notification in Writing on the Sign-Poft in fuch Town or Towns, at least twenty Days before they enter on faid Service, thereby notifying the Owners of the Lands,and others concerned, of the Time, Place,and Occafion of their Meeting,and shall be under Oath to perform faid Service, according to their best Skill and Judgment with most Convenience to the Public, and leaft Damage to private Property; and fhall afcertain the Place and Courfe of fuch High-way, and eftimate the Damages done to any particular Perfons by laying out the fame, and make Return thereof in Writing under their Hands to faid County Court; which being approved by the Court and recorded, faid High-way fhall be and remain a Public High-way: And the Charges of laying out the fame, and the Damages fuftained by any Perfons thereby, fhall Charge of lay- be paid by the Town in whofe Bounds it fhall be laid out: And their Neglect to make Payment thereof to the Persons to upon whom the faid Charge or any Part thereof shall be so ordered, the faid Court fhall fend forth a Scire Facias against the Select-men of faid Town, to fhew Cause why Execution fhall not be awarded against them; and upon their Neglect to fhew fufficient Cause, fhall award Execution against them for the Charges aforesaid, with additional Coft. ing out highways to be paid by the Town. Aggrieved perfons how relieved, &c. Select-men may lay out high-ways, &c 12. And in cafe any Períon is aggrieved by the doing of faid Committee, either in laying out fuch High-way, or eftimating the Damages, the Court upon application, before the report of the Committee is accepted, or any determination made thereon, may enquire into the Matter complained of by a Jury, if the Party aggrieved defire it, and grant fuch Relief as the Cafe may require. But if it appear that there was no juft Cause of Complaint, the Court may order that the Perfon applying fhall pay the Coft arifing thereby, otherwife it fhall be paid by the Town. And fuch Court may give Judgment, and grant Execution accordingly. 13. And be it further enacted, That the Select-men of the refpective Towns in this State, or the major Part of them, may lay out fuch public High-ways or Private-ways, as they fhall judge needful, within their refpective Towns, firft giving reasonable Notice to the Owners of the Land, through which the fame are to be laid out, or leave fuch Notice in writing at the Place of their abode, if within this State, to be prefent if they fee Caufe at the laying out fuch Ways; And the Damage done to fuch Perfon by laying out the fame, fhall be paid by the Perfons applying for fuch Ways, if the fame be for their private Ufe only, but if fuch Ways be for the common Ufe of the Inhabitants, it shall be paid by the Town: And a Survey in Writing, under the Hands of the Select-men, containing a particular defcription of such Ways being made,accepted by the Town, and recorded in the Records of Lands in fuch Town, and Satisfaction made to the Perfons damnified, or the Money depofited with the Town Treasurer for their Ufe, ready to be paid to them when they apply for the fame, according to an Eftimate that fhall be made by three judicious difinterested Freeholders, under Oath, appointed by a Juftice of the Peace for that purpose, or as the Select-men and Parties interested may agree: High-Ways. Hides. Then fuch Ways shall be and remain for the Use for which they were laid out. any 231 apply to the 14. Provided nevertheless, That if any Perfon fhall be aggrieved by A&t of the Select-men, in laying out any public or private Aggrieved Way, or by the estimate of the Damages; fuch aggrieved Perfon perfons may inay, within eight Months after the fame is laid out, apply to the County Court. County Court in the County wherein fuch Town is fituated, for Relief; caufing faid Select-men to be duly cited to fhew Reafon, if any be, why fuch Relief fhould not be granted; which Court may enquire of the fame by a Jury, if the aggrieved Party defire it, or by a Committee, and grant fuch Relief as fhall appear to faid Court juft and reasonable, either by continuing fuch High-way or Private-way, or altering the fame, or increafing the Damages : And if it appear there was juft Cause of Complaint, the Charge arifing thereby, and the increafe of Damages, if any be, fhall be paid by the Town or Perfons for whofe Ufe fuch Way is laid out; but if otherwife, the faid Court may order said Coft to be paid by the Party complaining, and give Judgment, and grant Execution accordingly, 15. And no High-way or Private way, laid out by the Select- High-ways men by virtue of this Act, through any Perfons enclosure, who laid out by fhall declare himself aggrieved by laying out the fame, fhall be Select-men laid open or occupied until the expiration of twelve Months after not to be epened until laying out fuch Way, that fuch Perfons may have opportunity to after one year. apply for relief as aforefaid, and also have Time to fence and fecure their Enclosures. Select-men 16. And be it further enacted, That if the Select-men of any Town, upon application, fhall refufe or neglect to lay outfuch pri- refufing to vate Ways as may be neceffary for any Inhabitants of fuch Town, lay out prithe County Court is hereby empowered, upon application, to vate ways, caufe fuch Ways to be laid out as may appear neceffary, in the County Court fame Manner as public Highways are by this Act directed to be empowered, laid out, and order the Coft of laying out the fame, and Damages fuftained by any Perfons thereby, to be paid by the Perfons applying for fuch Ways, if the fame be for their Ufe only; but if for the common Ufe of the Inhabitants, then to be paid by the Town. &c. 17. And each Committee-man employed in laying out High- Pay allowed ways, fhall be allowed for Himself, Horfe and Expences, One Dol- to committees lar and Thirty-four Cents. An Act to prevent the felling, or transporting raw or untanned Hides or Skins, out of this State. [ENACTED IN MAY 1771.] Repealed 520. Eit enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That no Perfon or Per- Penalty for fons fhall, directly or indirectly, fell or tranfport, or fend away out raw hides out transporting of this State, any raw or untanned Hides or Skins of any Neat of the State, |