WORCESTER COUNTY. 5185

and not over two days in one year, on the streets, lanes and alleys of said
town; and the policeman whenever the said streets, lanes and alleys shall
need repairs, shall summon all such persons or such numbers of them as-
he may deem necessary; provided, that he shall not summon the same per-
son twice until he shall have exhausted the whole number liable to such
duty in said town; said summons shall be either written or printed or
partly written and partly printed, and shall give notice of the time and
place the said person so summoned is to appear; provided, that at least
one whole day shall intervene between the time of the service of said
notice and the day on which the work is to be performed; provided, how-
ever, that if any person not possessisg taxable property assessed at five
hundred dollars or upwards, from whom such labor on the public streets,
lanes and alleys may be required under the provisions of this section, shall
make it satisfactorily appear to the policeman that he is physically unable
to perform said labor, either by reason of permanent disability or of dis-
ability existing at the time at which his services are required, and is not
able to pay the commutation hereafter provided, it shall be the duty of
the said policeman to exempt for the time being such persons from the
performance of said labor and commutation for labor, and shall report
the name of said person with the facts as ascertained by him to the Mayor
and Council at their next regular meeting, whose duty it shall be to inves-
tigate the facts and either ratify or set aside the action of the said police-
man, and it shall be the duty of the said policeman, if the said disability
shall be a temporary one, to again summon the said so excused person as
soon as practicable after the removal of such disability in order that all
persons may perform their full share of labor on said street, lanes and
alleys, and in case such policeman shall refuse to exempt any person who
shall apply for exemption as herein provided, such person, if he shall feel
aggrieved by such refusal, may appeal to the Mayor and Council, and the
failure of such person to prosecute his said appeal by the second regular
meeting of the Mayor and Council after the service of said summons shall
be deemed a waiver and abandonment of such appeal. It shall be the
duty of the secretary to keep a full and complete record of all persons sum-
moned, and whether or not they obeyed said summons, or paid the com-
mutation therefor, and if neither, then the reasons therefor, all of which
record shall be subject to inspection by any taxpayer, and said record
shall show the date of the service of the summons and the date of the per-
formance of the labor or the payment of the commutation, and the year
for such labor shall be from May 1st to May 1st.

1908, ch. 733. 1920 Code, sec. 25.

26. Every person liable as aforesaid to labor on said streets, lanes and
alleys, who shall fail to obey the summons of the policeman or furnish a
substitute, shall upon demand made by said policeman, pay to said police-
man the sum of one dollar for each and every day (not exceeding two
days) that he shall fail to perform said labor; and the said policeman shall
collect and account under oath to the Mayor and Council, for all sums.