The statutes undertake to provide for the erection and maintenance
of guide-posts at suitable places on the public ways; but a person
has to travel but little in many of the towns of the State to come
to the conclusion that the law is either deficient in construction
or a dead letter in execution. The law makes it incumbent upon the
selectmen or road commissioners of each town to submit to the
inhabitants, at every annual meeting, a report of all the places in
which guide-posts are erected and maintained within the town, and of
all places at which, in their opinion, they ought to be erected and
maintained. For each neglect or refusal to make such report they
shall severally forfeit ten dollars. After the report is made the
town shall determine the several places at which guide-posts shall
be erected and maintained, which shall be recorded in the town
records. A town which neglects or refuses to determine such places,
and to cause a record thereof to be made, shall forfeit five dollars
for every month during which it neglects or refuses to do so.
At each of the places determined by the town there shall be erected,
unless the town at the annual meeting agrees upon some suitable
substitute therefor, a substantial post of not less than eight feet
in height, near the upper end of which shall be placed a board or
boards, with plain inscription thereon, directing travellers to the
next town or towns and informing them of the distance thereto.
Every town which neglects or refuses to erect and maintain such
guide-posts, or some suitable substitutes therefor, shall forfeit
annually five dollars for every guide-post which it neglects or
refuses to maintain.[23] These forfeitures can be recovered either by
indictment or by an action of tort for the benefit of the county
wherein the acts of negligence or refusal occur; and any interested
or public-spirited person can make complaint of such negligence or
refusal to the superior court, or to any trial justice, police,
district or municipal court, having jurisdiction of the matter.[24]
[23] Pub. St. c. 53, Secs. 1-5.
[24] Pub. St. c. 217; 108 Mass. 140.
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