LAW FOR THE FARMER. 319 



Three or more bells are to be fastened to your horse or the fore- 

 most horse hauling any carriage on snow without wheels. For a 

 violation of any of these statute provisions, a party is not only 

 bound to pay all civil damages which may result therefrom, but is 

 liable to be punished by a fine not exceeding $20. 



Highways and Roads. 



Highways are to be made safe and convenient for travel with 

 horses, carts, wagons, cai'riages, &c., at all seasons of the year, 

 by day and by night. Towns are, obliged to keep these roads in 

 repair, and if they have not done so, the town having notice of the 

 defect, and you are injured in consequence, is liable to damages, 

 if you were in the exercise of ordinary care ; — not always watch- 

 ful, not always cautious, not always vigilant, but using such care 

 as men who travel ordinarily use. No matter how slight the de- 

 fect, if it is a defect, although it be a stone not larger than a 

 robin's egg, if it be really a defect, and the jury so find, the town 

 is liable. 



But when you are travelling upon the highway with your teams, 

 always be careful to exercise due caution. If you see danger 

 ahead, haul up your team ; do not knowingly drive into difficul- 

 ties ; because if you go where ordinary prudence would dictate 

 that it is not safe to go, and meet with an injury, you suflFer by 

 your own carelessness, and cannot claim damages of the town. 



It is not necessary that notice of a defect be given to the town 

 officers ; notice to one or two of the inhabitants may be suffi- 

 cient. In fact, where a defect has existed for such a length of 

 time, and is so obvious, that from the nature of the case the in- 

 habitants, or some of them, must be presumed to have knowledge 

 of it, notice may be inferred without any absolute proof of notice 

 to the town. 



The law does not compel towns to put section men upon the 

 highway nor to light the highway. You have a right to travel at 

 night ; but when you do, you must exercise a vastly higher 

 degree of watchfulness, vigilance and caution than would be re- 

 quired in the day time. Suppose you are travelling upon a high- 

 way over which you have never passed before, with a horse that 

 is a stranger to the way, you would not be justified in putting on 

 the whip and driving rapidly over hills and through valleys in the 

 night without seeing where you were going. Constant watchful- 

 ness and vigilance are then required ; and that is only " ordinary 



