CHAP. 45. the purpose; and the sum appraised shall be paid by the commissioners to the owner of the soil, if demanded, within three months after. Number of laborers; wages how paid. Foreman may be appointed. Commissioners' per centage and pay; pay of men and teams; working hours. When employed on breakwaters, &c. Encroach ments and enoumbrances, how provided against. 10. There shall not be employed in any one day more than forty laborers to work under one commissioner; and the wages of laborers shall be paid in cash only. 11. For every ten laborers daily employed by one commissioner, the commissioner may employ a foreman who shall work with the laborers and take charge of those put under his direction, and shall work with and superintend the laborers generally in the absence of the commissioner. 12. Commissioners shall be entitled to charge and retain after the rate of five per cent. on the moneys to be by them expended, and also one dollar and twenty-five cents per day for every day they shall have been actually employed superintending day laborers, and shall have had at least ten laborers at work throughout the day. No fore man or laborer shall be paid more than one dollar and twenty-five cents per day. No owner of a team, consisting of a cart, driver and two horses or four oxen, shall be paid more than three dollars per day; and of a team consisting of a cart, driver and one horse or two oxen, more than two dollars per day. No owner of a plough shall receive more than forty cents per day unless under special circumstances set forth in the affidavit to the account,the day to consist of at least ten working hours; and the foregoing wages to be paid only where suitable day laborers, teams and drivers, cannot be had at lower rates for cash. 13. Laborers employed in erecting breakwaters and in clearing out rivers, or in other public works of a similar nature, shall be entitled to receive a sum not exceeding one dollar and fifty cents per day for their labor while so engaged. 14. The commissioners shall examine the breadths of the roads within the limits of their commissions; and if it shall appear that any encroachment or encumbrance has been made or placed upon the same, shall forthwith give notice to the owner or possessor of the land adjoining, that unless the road be opened and cleared to its proper width, within thirty days, the person who shall have caused or continued the encroachment or encumbrance will be prosecuted as the law directs; and the commissioners shall make an accurate return of the breadth of the roads and of encumbrances thereon to the Supreme Court or sessions for the county at its next sitting after their appointment, in order that such proceedings may be thereupon had by the Court as may be deemed proper to carry into effect the laws in relation to encroachments and encumbrances on the highway. 15. Except in cases of emergency or in the opening of CHAP. 46. new roads the commissioners shall complete their work Work completed before the twentieth day of August in each year. 20th August. CHAPTER 46. OF HIGHWAY LABOR. 1. The districts as now established for the performance Districts conof statute labor on the highways are confirmed; and the firmed: sessions sessions may erect new districts or alter the limits of those now established. to make new. 2. Every male between the ages of sixteen and sixty, Persons liable to being able to do a reasonable day's work, shall be liable to two days' work. perform two days' labor as a poll tax. tional work. 3. All males whose names are included in the assess- Scale of addiment roll and assessed for any sum over one hundred dollars, shall be liable to perform in addition according to the following scale : One hundred to two hundred dollars, one day; One thousand to one thousand four hundred dollars, six days; One thousand four hundred to one thousand eight hundred dollars, seven days; One thousand eight hundred to two thousand two hundred dollars, eight days; Two thousand two hundred to two thousand six hundred dollars, nine days; Two thousand six hundred to three thousand dollars, ten days; Three thousand to three thousand five hundred dollars, eleven days; Three thousand five hundred to four thousand dollars, twelve days; And above four thousand, at the rate of a day to every thousand dollars. Males over sixty 4. Males over sixty years of age holding property years. assessed for a sum less than one thousand dollars shall be exempt from the performance of statute labor; but such persons holding property assessed for over one thousand dollars shall be liable for the performance of statute labor in respect of such excess; and, in computing the number CHAP. 46. of days to be performed, the amount shall be calculated by the scale, beginning at one thousand dollars and proceeding thereon to the amount contained in the roll. Persons exempt. 5. Persons holding commissions in the military or civil department of the army, firemen and enginemen, clergymen and ordained ministers, couriers and licensed ferrymen, shall be exempted from statute labor; unless they are assessed for a sum over one thousand dollars, in which case they shall be liable in respect to their property for the excess over that sum, but shall not be liable to the poll tax. Property exempt. Surveyor may require teams. Labor to be done in eight days if required. No. of hours in each day. Time of performing labor. Notice. Absentees. 6. Property over one thousand dollars of assessed value, in the hands of executors, administrators, trustees, agents, guardians and women, shall be liable in respect to the excess at the same rate of taxation as other property. 7. The surveyor may require any person owning a horse or ox team or teams to send such team or teams properly yoked and harnessed, with a driver or drivers and a cart, to the extent of one-half the labor such person is required to perform, and every day's labor of such team and driver shall count for two days. 8. The surveyor may require the whole amount of statute labor imposed under this Chapter to be performed within a period of eight days. 9. A day when mentioned in this Chapter shall be eight working hours. 10. The surveyors and commissioners shall cause to be summoned the persons contained in their lists to labor on the highways, at the most seasonable time between the first day of April and the fifteenth day of September, seed time and harvest excepted, by giving them six days' notice of the time and place where they are to be employed, and of the tools to be brought for such labor, the notice to be given either by the surveyors or commissioners or by any person by them authorized and to be left verbally or in writing with some person of the age of discretion at the usual place of abode of the party; and, at the time and place appointed, the surveyors or commissioners shall attend and oversee the persons so summoned to labor, in making and repairing the highways and bridges in the most useful manner during the number of days required by this Chapter. 11. Every person liable to perform labor under this Chapter who has been duly notified, but who may have left the district and shall be absent therefrom during the time appointed for the performance of his labor, and shall not have provided a sufficient substitute or paid the commutation therefor as hereinafter prescribed, or shall not adduce satisfactory proof of his having performed or com muted or otherwise paid for his statute labor in some other CHAP. 46. district, shall on his return to his usual place of abode pay fifty cents for every day's labor to which he was liable. how removed. 12. In case a highway shall become obstructed or a Obstructions bridge broken down or carried away or a road rendered impassable by any unforeseen cause, except by the falling or drifting of snow, the surveyors of highways or commissioners of streets, under the direction of two justices of the peace, shall notify such persons within the district as may be deemed necessary to attend immediately, either by themselves or with their teams, as may be considered advisable, to remove the obstructions or make such repairs. upon the highway or bridge as may by the justices be considered absolutely necessary to render the same passable; and every person so attending and laboring shall be allowed for the labor by a reduction of the like number of days from the labor to be by him performed under this Chapter, either for that or for the subsequent year, as the same inay occur before or after the time limited for the performance of highway labor in the district, in the same manner and to the same extent as if the labor had been performed at the usual time; and every person duly notified to attend and labor under this section who shall neglect to do so shall be liable to the same forfeitures as if he had neglected to attend and labor at the regular time; such forfeiture for each day when paid to reckon for one day's labor of such person under this Chapter. 13. It shall be lawful for any person liable to perforin Commutation. labor hereunder to commute his labor on the payment to the overseer or commissioners on or before the day ap pointed for the performance of such labor, of fifty cents for each day's labor which he is liable to perform; and the overseer or commissioners shall receive such commutation at any time within three days after the day appointed for the commencement of the labor; but the overseer or commissioners may in their discretion accept labor or the commutation within the period last named. 14. Every person duly notified, who shall not labor, Forfeiture. agreeably to the notice, or tender the commutation therefor as directed in the last section, shall forfeit sixty cents for every day's labor to be by him performed. 15. No person residing upon an island whereon there Residents on are any highways upon which the performance of labor islands. under this Chapter may be enforced shall be obliged to work or furnish any labor hereunder upon the main land or be liable to any penalty for not so doing; but every person so residing upon an island and liable to perform labor under this Chapter, shall perform the same upon CHAP. 46. Some highway or bridge on the island; and where the island shall be connected with the main land by a causeway or bridge such portion of the labor as may be required to keep the causeway or bridge in repair or to rebuild the same shall be performed thereon. cate work. Sessions may lo- 16. The general sessions may grant permission or direct in writing persons to perform the labor on such road as they shall direct. Surveyor may alter road with consent of two justices. Breaking roads in winter. Forfeiture. Proviso. Return of surveyor and commissioners. When owner of property resides 17. The surveyor of any highway, with the consent of two justices of the peace and the owner of the land through which such alteration is contemplated, may alter any road within the district of which he is surveyor, and make a return of the same to the Clerk of the Peace, in order that the same may be recorded. 18. The surveyors and commissioners shall, as often as may be necessary during the winter, order all persons liable to do statute labor to work with their shovels, horses, oxen and sleds upon the highways, in order that the same may be rendered passable; and every person so liable not complying with the order shall for every omis sion forfeit seventy cents; but no person shall be obliged to furnish more than two days' labor of himself and team for any one fall of snow, or work in any case when the fall or drift of snow shall not exceed twelve inches in depth. 19. Every surveyor and commissioner of streets shall annually on or before the first day of the sessions, which shall happen next after the time herein limited for the performance of highway labor, make a true and faithful return in writing under his hand to the Clerk of the Peace of the labor performed by each person, showing the commutations and fines by him received and the expenditure thereof and the amount of moneys then in his hands, which latter the surveyor or commissioner shall at the same time pay over to the Clerk of the Peace, to be expended upon the roads under the direction of the sessions. 20. When the owner of property liable to assessment put district for statute labor resides in another district, the labor shall be performed or the commutation paid in the district where such person resides. Proceedings to make up roll. 21. The general or a special sessions called for the purpose, shall appoint a justice of the peace, or other suitable person in each electoral district, with whom a copy of the assessment roll for that district shall be lodged; such copy to be furnished by the Clerk of the Peace, who shall notify the surveyors of the persons with whom such roll is lodged, and shall require them to meet with such person at a time and place therein specified, and make out the lists of all persons liable to perform statute labor within the limits of |