the county commissioners, and, finally, by a jury, in case one is
demanded by him. He is entitled to a reasonable time to take off any
timber, wood or trees, which may be upon the land to be taken; but
if he does not remove the same within the time allowed, he is deemed
to have relinquished his right thereto. In estimating the damage to
the land-owner caused by the laying out or the alteration of a
public way over his land, neither the city nor town authorities nor
a jury are confined to the value of the land taken. He is also
entitled to the amount of the damage done to his remaining land by
such laying out or alteration.[6] But in such estimation of damages
any direct or peculiar benefit or increase of value accruing to his
adjoining land is to be allowed as a betterment, by way of set-off;
but not any general benefit or increase of value received by him in
common with other land in the neighborhood.[7]

[4] 7 Cush. 394.

[5] 5 Pick. 492.

[6] 14 Gray, 214.

[7] 4 Cush. 291.

The cost of making and altering ways, including damages caused
thereby, is to be paid by the city or town wherein the same are
located, provided the proceedings originate with the town or city
authorities; but when the proceedings originate with the county
commissioners, they divide the cost between the towns and the county
in such manner as they think to be just and reasonable.[8]

[8] 6 Met. 329.

CHAPTER VI.

LAW AS TO REPAIRS.

After highways, town-ways, streets, causeways, and bridges have been
established, they are to be kept in such repair as to be reasonably
safe and convenient for travellers at all seasons of the year at the
expense of the town or city in which they are situated.

It is the duty of each town to grant and vote such sums of money as
are necessary for repairing the public ways within its borders; and
if it fails to do so, the highway surveyors, in their respective
districts, may employ persons, as directed in the statutes, to
repair the roads, and the persons so employed may collect pay for
their labor of the town. In order to make such repairs, city and
town authorities may select and lay out land within their respective
limits as gravel and clay pits from which may be taken earth and
gravel necessary for the construction and repairs of streets and
ways.[9] And they may turn the surface drainage of the roads upon
the land of the adjoining owners without liability.[10] Bu