No. 4.] HIGHWAYS. 221 



commission among the different counties. Not more than ten 

 miles of State road are to be constructed in any one year, ex- 

 cept Avith the Avritten approval of the Governor and Council. 



The connnission are required to keep every State hig-hwa}^ 

 reasonably clear of brush, and shall, if practicable, cause 

 suitable shade trees to be planted thereon, and may estab- 

 lish and maintain watering troughs along its route. No 

 one is authorized to open such a highway, nor to place any 

 structure thereon, nor to change or renew any structure 

 which the commission may have suffered to be erected 

 thereon, except under a permit from the Board ; in other 

 words, the Board is to exercise complete and permanent 

 control over such a highway. 



The Connnon wealth is held^ liable for injuries sustained by 

 persons while travelling on any State highway, arising from 

 defects therein, under certain limitations of pre-existing 

 laws, with the single change that notice of an injury must 

 be given to a member of the Highway Commission or its sec- 

 retary. No damages can be awarded for injuries sustained 

 upon the sidcAvalk of a State highway, or during the construc- 

 tion of the highway ; and the amount to be recovered in any 

 case shall not exceed one-fifth of one per cent of the lowest 

 valuation of the town, nor be more than $4,000. 



Snow and ice on the State highway must be removed by 

 the cit}^ or town where it lies, so as to render the road 

 reasonably safe for travel. The police jurisdiction of the 

 town is retained over the state highway. The town author- 

 ities are required to give notice in writing to the commis- 

 sion of any defect or want of repair. In an emergency, the 

 selectmen may make any necessary temporary repairs with- 

 out the approval of the commission. 



Of the amount expended for re]^airs on State highways in 

 any city or town, a sum not exceeding $50 a mile is charged 

 to the town, and made a part of the State tax of such town. 

 In the smaller towns, where there is no State highway, the 

 public funds may be used by the commission in constructing 

 and repairing ways in that tovvm ; but this is not the build- 

 ing of a State highway, nor does the commission have 

 authority over it. Such a provision is of very great value 



