SECT. 38. The provisions of this chapter in relation to towns, are also extended to organized plantations, and the assessors of such plantation[s], within the same, shall do the duties, and have the same powers, as the selectmen of the towns, and be subject to the same restrictions and penalties; and the same penalties shall attach to persons, who may disobey their authority.

SECT. 39. Every town and organized plantation may, at their annual meeting, or at any meeting, duly warned for the purpose, provide for the inoculation of the inhabitants of such town or plantation, with the cow pox, under the direction and control of the health committee, health officer, or board of health; and [to] raise all necessary sums to defray the expense of such inoculation, or such part thereof, as they may think proper.

Certificate of good moral

CHAPTER 22.

OF THE PRACTICE OF PHYSIC AND SURGERY.

SECT. 1. Certificate of good moral charac-SECT. 2. Exceptions to the foregoing reter from selectmen necessary, for

recovery of compensation.

striction.

SECTION 1. No person, excepting as provided in the following character from section, shall be entitled to recover at law any compensation for medical or surgical services, by him alleged to have been performed, unless previously to such services, he have obtained from the selectmen of the town where he resided, or shall reside at the time of the performance of such services, a certificate, that it has been satisfactorily proved to them, that such person is of good moral character.

selectmen ne-
cessary, to re-
covery of com-
pensation.
1838, 353, § 2.
6 Mass. 134.
1 Pick. 33.

16 Pick. 353.
1 Metc. 154.

Exceptions to the foregoing restriction.

1831, 499, 1. 1838, 353, § 2.

SECT. 2. The restriction in the foregoing section shall not apply to any physician or surgeon, who had commenced practice previously to the sixteenth day of February, in the year eighteen hundred and thirty one; nor to any physician or surgeon, who has received, or may hereafter receive a medical degree at some public institution, within the United States, where such degrees are usually conferred, or may have been licensed by the censors of the Maine Medical Society.

CHAPTER 23.

• OF BURYING GROUNDS.

SECT. 1. Towns may purchase land for bury- SECT. 5. Towns and parishes to fence an

ing grounds.

2. Proceedings to incorporate propri-
etors of burying grounds.

3. Mode of organization, as a corpora-
tion.

4. Grounds to be fenced, within one

year.

cient burying grounds.

6. Penalty, if selectmen or other officers neglect their duty.

7. Grounds to be fenced, and unalienable and indivisible, except by unanimous consent. Description to be recorded.

SECTION 1. All towns and plantations may raise, and cause to CHAP. 23. be assessed, money necessary for purchasing land for a burying Towns may ground, and suitably fencing it for such purpose.

purchase lands

for burying

incorporate

SECT. 2. Persons, twenty one years of age and upwards, desir- grounds. ous of incorporating themselves as a body politic, for the purpose 1834, 130. of purchasing land for a burying ground, may apply to a justice of Proceedings to the peace of the same county, who shall issue his warrant to one proprietors of of the applicants, directing him to notify them, personally, to appear grounds. burying at the time and place designated in such warrant; which notice 1829, 420, § 1. shall be given seven days at least before the day appointed.

zation, as a

SECT. 3. The persons, so assembled, may choose a clerk and Mode of organisuch other officers, as they may think proper, and shall thereupon corporation. be, and are declared to be, a corporation, and shall be known by 1829, 420, § 1. such name as they shall then assume, and may adopt all necessary legal regulations, which may be deemed proper.

one year.

SECT. 4. Every such corporation shall, within one year after Grounds to be its organization, make a substantial fence around the burying ground, fenced within and keep the same constantly in repair, on penalty of a sum not 1829, 420, § 2. exceeding one hundred dollars, to be recovered on indictment; which sun shall be laid out under the direction of the selectmen in keeping the fences in repair.

par

ancient burying

SECT. 5. Each town, parish or religious society, to which any Towns and ancient or public burying yard belongs, shall keep a substantial ishes to fence fence around it, in good repair, and by neglecting so to do, shall grounds. forfeit a sum not exceeding one hundred dollars, to be recovered 1828, 405, § 1. and appropriated and applied in the same manner, as is prescribed in the preceding section.

er officers neg

SECT. 6. If the selectmen of any town, or the treasurer or Penalty, if secommittee of any parish or religious society, shall neglect so to lectmen or othapply the said fines when recovered under their respective authority, lect their duty. they shall severally forfeit and pay the full amount of such fine, to 1828, 405, § 2. be recovered by action of debt, by any person who shall sue for

the same.

alienable and

mous consent.

SECT. 7. When any persons have appropriated, or may appro- Grounds to be priate a piece of land for a burying ground, containing not more fenced, and unthan one half an acre, the same shall be exempt from attachment indivisible, exand execution, and unalienable and indivisible by the owners; and cept by unanishall be kept fenced and occupied as a burying ground, unless all Description to the owners consent to an alienation or division thereof, and such be recorded. proprietors shall cause a written description thereof, under their hands, attested by two disinterested witnesses, to be recorded in the registry of deeds in the county or district where such land lies.

1839, 392.

СНАР. 24.

Penalty for laying drains in

highways,

CHAPTER 24.

OF DRAINS AND COMMON SEWERS.

SECT. 1. Penalty for laying drains in high- SECT. 5. Payment may be enforced, after

SECTION 1. If any person shall dig up the ground, in any highwith- way or street in any town, for the laying or repairing any drain or out consent of common sewer, without the consent of the selectmen in writing, he 1821, 121, § 1. shall forfeit and pay, for each offence, four dollars to the use of the

selectmen.

How made and repaired.

town.

SECT. 2. All drains and common sewers, hereafter made or re1821, 121, § 2. paired, in any highway or street, shall be done, substantially, with brick or stone, or such other materials, as the selectmen shall permit, and in the manner they direct.

All who join in a drain, must share the expense.

1821, 121, § 2.

How the expense shall be apportioned.

SECT. 3. When any person, by consent and direction as aforesaid, shall, at his own expense, lay any common drain or sewer, for the benefit of himself and others who may see fit to join therein, every person, who shall enter his particular drain into it, or, by any other means, receive any benefit from it, shall pay the owner thereof a proportion of the expense of making it, to be ascertained and determined by the selectmen, and by them certified; saving a right of appeal to the county commissioners.

SECT. 4. The expense in opening a drain, and removing obstructions, shall be paid by all who are benefited thereby; and 1821, 121, § 3. the same shall be apportioned and determined by the selectmen; saving an appeal as aforesaid,

Payment may

be enforced, after notice.

SECT. 5. Such selectmen shall notify each person of the amount, he shall be held to pay, and to whom; and if such sum shall not 1821, 121, § 3. be paid by him in ten days, he shall be held to pay double the sum certified to him, with costs.

Mode of pro

ceeding, and li

SECT. 6. The person having occasion to open any drain, shall ability for open- notify all persons interested therein, seven days before he shall begin, ing and repair- by advertising in the manner the selectmen shall direct; and if the ing. 1821, 121, § 3. - objections to proceeding, if any are made, shall be judged reasonable by the selectmen, then the objector shall not be held to pay any part of the expense; but if no objections be made within three days, or, when made, are not judged sufficient, they shall give a written permission to proceed and open the drain, and clean and repair it.

SECT. 7. Nothing in this chapter shall affect any covenants or agreements already made, or that hereafter may be made, among the owners of such drains and common sewers, as to opening, cleaning and repairing the same.

191

CHAP. 25

CHAPTER 25.

OF WAYS.

ARTICLE I. LOCATION, ALTERATION OR SECT. 27. Selectmen may lay out town or

DISCONTINUANCE OF HIGHWAYS.

SECT. 1. Petitions to be presented to the
county commissioners.

2. Commissioners to view the route,
after notice has been given.
3. Hearing the parties, and proceed-
ings in case of location.

4. Monuments to be erected at angles.
5. Petitions to be continued two
terms, after the return has been
recorded.

6. Further continuance, in case of
complaints for damages.

7. County to pay the damages: to
whom payable.

8. Parties entitled to a jury or com-
mittee, who may decide question
of title to land.

9. Petitioners may join. Several ap-
plications may be submitted to
the same jury or committee.
10. Petition not to abate by death of
any petitioner.

11. In joint petitions, survivor may
proceed, after notice to the ad-
ministrator.

12. Warrant for a jury, to whom di-
rected.

13. Jurors, how drawn and summoned.
14. Talesmen, in case of deficiency.
15. County attorney and other parties,
to be notified.

16. Who shall preside at the view and
hearing.

17. Jurors and witnesses to be sworn.
18. Proceedings of jury, verdict, and
officer's return.

19. Effect of verdict, when accepted.
Costs.

20. Time for taking off wood, payment
of damages, and opening road.

21. Commissioners may reject a ver-
dict or report, and discontinue
the highway. Costs in that case.
22. Modification of damages in such

ARTICLE III. LOCATION, BUILDING AND
REPAIR OF HIGHWAYS, IN UNINCORPO-
RATED PLACES.

44. Commissioners to locate, and make
and repair highways, in unorgan-
ized places, at the expense of the
proprietors.

45. Notice to be first given.
46. Proceedings. Assessment.
47, 48. Assessment to be apportioned,
according to the benefit conferred.
49. Annual assessment for repairs.
50. Publication of notice of assess-
ment.

51. Appointment of agent, to make
repairs.

52. Proprietors may be severally as-
sessed, by furnishing a descrip-
tion of their shares.

53. County treasurer to notify the state
treasurer of the assessment.

54. State treasurer to publish notice
of the assessment.

CHAP. 25. SECT. 55. Agent to expend the money in re- SECT. 85. Manner of notifying non resi

distrain for non payment of road ARTICLE V. OF MAKING AND REPAIRING