HERBERT R. O'CONOR, GOVERNOR. 339

at such crossings of said street to warn persons of the ap-
proach of the locomotives and trains, and to enforce all such
ordinances by such fines or penalties within the limits herein
provided as they deem necessary to enforce the power whereby
given.

(34) And generally to pass all necessary by-laws and ordi-
nances not contrary to law for the preservation of the health,
comfort, convenience, morals, cleanliness, peace and good order
of the community, and for the protection of the lives and prop-
erty of the citizens of said town, and for the suppression, abate-
ment and discontinuance of nuisances within the limits of said
town; and for the purpose of carrying out the foregoing powers
the Mayor and Council may pass any and all ordinances and
by-laws from time to time deemed necessary, and may enforce
and insure the observance of such by-laws or ordinances in
addition to the usual action of debt or such other civil remedies
as may exist in such cases by law for the recovery of fees, fines
and penalties thereto affixed; they may affix thereto reasonable
penalties for default of payment of any fine and cost imposed
for a violation of any ordinance or by-laws; they may provide
for the imprisonment of the offender for a period not to exceed
thirty days in the town lockup or the county jail, or for his
commitment to the custody of the policeman under sentence
of hard labor upon the streets of the town, not to exceed ten
days. And whenever in any such ordinance or by-laws a fine
or penalty is imposed for the doing of any act forbidden to be
done by such ordinance or for omitting to do any act required
to be done by such ordinance, the doing of such act in the first
case or the omission to do such act in the second case, shall be
deemed to be a criminal offense; and all such offenses shall be
prosecuted by the arrest of the offender and by holding him
to bail to appear in or committing him for trial in the Circuit
Court for Worcester County, unless upon being brought before
a justice of the peace, and having been informed of his right
to a jury trial, as elsewhere provided in this Charter, he shall
waive said right, and elect to be tried before a justice of the
peace; and if any person shall be adjudged guilty of any such
offense under any ordinance or by-laws passed in pursuance
of the powers hereby given or any of them, by the Circuit Court
aforesaid or by a justice of the peace, the person so found
guilty shall be sentenced to pay the fine or penalty prescribed
by the said ordinance or by-law, and also the costs of prosecu-
tion, and in default of the payment thereof the person so found
guilty shall be committed to jail for the length of time required
by said ordinance or by-laws, not to exceed the thirty days'
limit above provided; and in case the said ordinance or by-laws
sets no length of time for the offender to stand committed in
default of the. payment of said fine or penalty, then said offender