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ficial capacity, is a party or in which its rights,duties and interests may be <br /> the subject of adjudication. <br /> Section 7. The Selectmen shall have full authority, as agents of the <br /> Town, with the advice and consent of the Town Counsel, to compromise <br /> and settle all claims or suits against the Town if, in their opinion, such <br /> claims cannot be defended advantageously or successfully. <br /> Section 8. Whenever any accident occurs on a way,involving personal <br /> injury or property damage by reason of an alleged defect or want of re- <br /> pairs of such ways, the Surveyor of Highways or any police officer or <br /> other town official or employee cognizant of the same, shall forthwith <br /> make written report of such accident to the Town Counsel containing all <br /> available information useful in defending a claim or suit against the Town <br /> founded on such alleged defect or want of repair. <br /> Section 9. The Chief of Police,at the request of the Town Counsel and <br /> by order of the Selectmen shall assign a competent police officer to the <br /> legal department to act under the direction of the Town Counsel in the <br /> investigation of claims against the Town and to assist him in the trial or <br /> preparation for trial of any litigation to which the Town is a party. <br /> Article V.Highway Surveyor(Superintendent of Streets) <br /> Authority. This By-Law prescribes certain powers and duties of the <br /> Highway Surveyor. He is authorized to issue permits for work to be per- <br /> formed upon any Town Highways or section thereof. Except as provided <br /> herein, any person who digs up or makes an opening in a town highway <br /> without a permit or violates any other provisions of the section shall be <br /> punished by a fine of not more than fifty dollars for each continuing <br /> offense. <br /> In this connection, attention is directed to the "Town of Mashpee By- <br /> Laws"affecting Town Highways which provides as follows: <br /> "Digging up Town Highways; Bond; Permit" No Town Highway shall <br /> be dug up,or opening made therein for any purpose,nor shall any material <br /> 8 <br /> i <br />