and  have  his  damages  ascertained  in  the  manner  provided  where  land        '
is  taken  in  laying  out  highways.     Or  he  may,  by  agreement  with  the
adverse  party  and  upon  application  made  within  the  same  time,  have
them  ascertained  by  a  committee  to  be  appointed,  in  the  city  of  Bos-
ton by  the  superior  court,  and  elsewhere  by  the  county  commissioners
in  their  respective  jurisdictions.
Sect.  21.     If  the  life  of  a  person  is  lost  by  reason  of  a  defect  or  want  if  ufeisiost
of  repair  of  a  highway,  town  way,  causeway,  or  bridge,  or  for  want  of  &c'^°executor*'
suitable  rails  on  such  way  or  bridge,  the  county,  town,  or  person,  by  may  recover
law  obliged  to  repair  the  same,  shall  be  liable  to  a  fine  of  one  thousand  k."s';*25  §21.
dollars,  to  be  recovered  by  indictment  to  the  use  of  the  executor  or  ad-
ministrator of  the  deceased  person,  for  the  benefit  of  his  heirs,  devisees,
or  creditors  :  provided^  that  the  county,  town,  or  person,  had  previous
reasonable  notice  of  the  defect  or  want  of  repair  of  such  way  or  bridge.
Sect.  22.     If  a  person  receives  or  suffers  bodily  injury,  or  damage  in  Damages  for
his  property,  through  a  defect  or  want  of  repair,  or  of  sufiicient  railing  \^^^\^  -^^-j^.
in  or  upon  a  highway,  town  way,  causeway,  ^or  bridge,  he  may  recover,  1S00J5,  §1.
in  an  action  of  tort,  of  the  county,  town,  place,  or  persons,  by  law  s  Meti^iss.  "
obliged  to  repair  the  same,  the  amount  of  damage  sustained  therebv,  if  ^?}^''}-  r?~'  -■?"•
such  county,  town,  place,  or  persons,  had  reasonable  notice  of  the  defect,  2  Cusii!  goo'.
