JOHN WALTER SMITH, ESQ., GOVERNOR.

933

to exercise of the powers granted in this section, and may
exercise all such other and incidental powers and acts as may
be necessary for the exercise of the powers herein conferred
upon them; provided further, that all such damages shall in
all cases be paid to the respective parties or their guardians,
agents or attorneys, or their personal representatives, before
any such highway, road, street, lane or alley shall be opened,
widened, straightened, changed or closed, or any subway
shall be constructed as hereinbefore provided. None of the
proceedings herein shall be held to be invalid because of
neglect of compliance with matters of form; provided, it shall
appear that the substantial requirements herein are essentially
complied with, and that no injustice has been done to any of
the parties because of non-compliance with such matters of
form; and provided further, that the said commissioners shall
have the same powers as to cutting across streets or highways
and into adjacent lands for the purpose of draining that are
now passed by the County Commissioners or supervisors of
roads for said county.

CHAP. 629.

116 G. The said commissioners are hereby authorized and
empowered to borrow money for the purpose of public improve-
ments in said town, at a rate of interest not exceeding five per-
centum per annum, in such sums as they may deem proper, in
their discretion, not to exceed in the aggregate one thousand
dollars; all of such sums to be payable at such time as the said
commissioners may agree upon with the lenders, not to exceed
in any event five years, and to issue therefor, in their discre-
tion, certificates of indebtedness, promissory notes or bonds in
such amounts as they may determine upon, to be signed by the
president of said commissioners and attested by their clerk.
The interest on such indebtedness shall be payable annually,
and said notes, bonds or certificates of indebtednesses the case
may be, shall not be sold for less than their par value, and
shall be exempt from State, county and municipal taxation.

Authority to
borrow
money, etc.

116 H. Any person who shall remove, cut down, tear down,
or otherwise destroy any fence, or any part thereof, or struc-
ture used for the purpose of a fence, or any part thereof, upon
the premises of another, bounding the lands of another,
along any public street, highway or alley, or any contemplated
street, highway or alley in said town, whether the same be
properly located or not, provided it be not located upon
land owned by and in the possession of the party com-
mitting such act, or his tenant or agent, shall on conviction
pay a tine of not less than fifty, nor more than two. hundred
dollars, for every such offense, and upon failure to pay the
same, together with the costs of prosecution, shall be com-

Unlawful to
remove,
cut down or
destroy
any fence,
etc.