ALBERT C. RITCHIE, GOVERNOR. 593

same proceeding with reference to any animal or animals
of any kind hereinbefore named of which the owner may be
known, and it shall be his duty to so impound the said animal

or animals if the owner be known, or to institute proceed-
ings before a Justice of the Peace as hereinbefore provided
for violation of the provision of this section as hereinafter
set forth herein. It shall be the duty of the bailiff as far as
practicable to enforce this and other provisions of this Act
as well as the ordinances enacted by the said Town Commis-
sioners, as provided in this Act, and any wilful neglect upon
his part to enforce either of them upon coming to his notice
shall be malfeasance in office.

SEC. 31. And be it further enacted, That whenever the
said Commissioners shall decide that it is expedient that any
road, street, lane or alley as aforesaid within said corporate*
limits, shall be opened, widened and straightened, changed or
closed, or make subways as provided in Section 13, unless they
shall be able to make satisfactory contracts necessary for the
same, or until the necessary land or easements in or over the
same shall be donated for the purposes, they shall appoint
three disinterested persons, residents of the town, to assess
all damages done, suffered and incurred by the opening, widen-
ing, straightening, changing or closing of any such highway,
streets, lanes or alleys, or the construction of any such sub-
ways, and any benefits or advantages accruing to any person
by the same, or any one of them, as the case may be; the
said Commissioners shall within ten days after notification
of their appointment take an oath before the Justice of the
Peace of the town that they will faithfully, fairly and with-
out partiality or prejudice value and assess the loss and damage
to be suffered and incurred by, and the benefits to accrue to
any person interested in the property over which the high-
ways, roads or streets, alleys or lanes are to be opened, closed,
straightened, widened or changed, or such subways to be cut
or constructed; and they shall give at least ten days' notice
by notice in at least two public places in said town, of the
time and place of meeting for the purpose of executing their
commissions; they shall within ten days after such valuation
and assessment report the same in writing under their hands
and seals, with the certificate of their qualification as herein-
before provided, to the Commissioners of the town, which said
valuation and assessment shall be ratified or rejected by them
as in their judgment may seem proper: and if any person