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SEC. 12. Each surveyor of highways who shall neglect the duties of his trust, shall forfeit and pay to and for the use of the town the sum of twenty dollars for each neglect, to be recovered as aforesaid.
Sec. 13. Any town which shall neglect to keep in good repair its highways and bridges, shall be liable to be indicted therefor; and on conviction before the court of common pleas, within and for the same county, shall be fined to the use of the state, in a sum not less than fifty dollars, nor more than five hundred dollars; and execution shall issue therefor, against the town treasurer of such town. And said town shall also be liable to all persons who may in any wise suffer injury to their persons or property by reason of any such neglect; to be recovered in an action of the case to be brought against the town treasurer of the town or towns who are bound to keep said road and bridges in repair as aforesaid.
Sec. 14. It shall be the duty of the several towns to provide by law, in such manner and under such penalties as they may deem expedient, for removing snow from the public highways, so as to render the same passable with teams, sleds and sleighs. ,
Sec. 15. If the snow be suffered to remain in any public highway in any town, so as to obstruct any person in passing along such highway with his team, sled or sleigh, for twentyfour hours after such highway shall become obstructed, such town shall be liable to be indicted therefor; and on conviction before the court of common pleas within and for the county, shall be fined to the use of the state in a sum not less than ten dollars, nor more than one hundred dollars : provided, however, that nothing herein contained shall be construed to subject any town to the penalty aforesaid, if the surveyor of highways or some other person duly authorized for that purpose by such town, with the power vested in him by the laws of the state, shall have commenced the removal of such obstructions within the time aforesaid, and shall within three days remove the same.
Sec. 16. All public bridges on the dividing lines between towns ought of right to be, and hereafter shall be, established and kept in repair at the expense of the towns adjoining said bridges; and every public bridge on the dividing line between this state and the adjoining states ought of right to be, and hereafter shall be, established and kept in repair on the part of this state, at the expense of the town adjoining such bridge.
Sec. 17. · If any town adjoining any such bridge shall refuse or neglect to keep in good repair the part of such bridge
within and next adjoining the line of such town, the town so neglecting or refusing shall and may be proceeded against by indictment in the court of common pleas within and for the same county; and on conviction shall be fined to the use of the state, in a sum not less than twenty dollars nor more than one thousånd dollars; and execution shall issue for the amount of said fine and costs against the town treasurer of such town: provided, nevertheless, that nothing in this act contained shall be construed to impair any agreement or agreements heretofore made between any towns, relative to the supporting and repairing of bridges.
Sec. 18. Whenever any artificial watercourse has been or shall be made under, through or by the side of any highway previously existing, the proprietors or occupants of such watercourse ought to and shall make and maintain all necessary bridges over such watercourse, and all fences which may be necessary along the side of the same.
Sec. 19. Whenever any highway has been or shall be laid out over or by the side of any artificial watercourse made previous to such laying out, the town laying out such highway ought and shall make and maintain the necessary bridges over such watercourse, and such fences along the side of the same as may be needed for the safety of travellers.
Sec. 20. Whenever any two turnpike roads commence or terminate at the same bridge, the said roads shall be deemed and taken as commencing or terminating at the middle of said bridge; and the said bridge shall be kept in repair and amended from time to time, so that the same may be safe and convenient for travellers, with their horses, teams, carts and carriages, at all seasons of the year, at the joint charge and expense of the turnpike corporations whose roads commence or terminate at said bridge in manner aforesaid; and the said bridge shall, to all intents and purposes, be deemed and taken as a part of said turnpike road, and not as a bridge for the repairing or amending of which the town in which the same may be situated shall be by law liable.
SEC. 21. Whenever any highway has been or shall be laid out over any tract or parcel of land used at the time of such laying out as a highway, such laying out shall not be deemed or construed to affect or in any wise alter the rights or duties of the town, or any individual, as to the maintenance of bridges over any parts of said new highway which so nearly coincide with the old highway as not to require the removal of such bridges, or the building of them in a different place from which they previously stood.
Sec. 22. Every person owning land adjoining any public highway or turnpike road may build such bridges or culverts over the ditches which may be made in such highway or road for the passage of water, as may be necessary to render the passage from such land to such highway or road safe and convenient; and no such bridge or culvert shall be altered, removed or disturbed by any person, except under the direction of the town council of the town where the same may be situated, or of some person by them appointed.
Sec. 23. No surveyor of highways or officer, agent or servant of any turnpike company, shall remove the earth so near to any wall or fence erected upon or without the limits of such highway or company's road, as to undermine or overthrow the same, unless the same shall be absolutely necessary for the security or convenience of the public; and in that case the repairs shall be made under the supervision of the town council or of some person by them appointed ; and the town or turnpike company shall be at the expense of repairing or resetting the wall or fence removed.
SEC. 24. Instead of the mode herein prescribed for mending highways and bridges by taxes as aforesaid, each and every town may defray the expenses of repairing and keeping the same open out of the town treasury of such town or otherwise, as they may find expedient, any thing herein to the contrary notwithstanding; and may appoint surveyors thereof at any town meeting legally convened in such town.
Sec. 25. The islands of Hope, Prudence and Patience, and Hogg Island, are hereby exempted from the operation of all the provisions of this act.
An Act for the Erection and Support of Guide-Posts upon
SECTION 1. Towns to erect guide-posts and keep 4. Penalty for neglect in erecting, &c. them in repair.
Penalty for not fixing place where, 2. Town councils to fix the places; keep &c. record thereof.
5. Penalty for injuring or defacing. 3. Guide-posts, how constructed. I
It is enacted by the General Assembly, as follows:
SECTION 1. It shall be the duty of the several towns, except New-Shoreham and Jamestown, at all times to keep erected and in good repair, such guide-posts upon all public roads, at such places and in such manner, as is herein after provided.
SEC. 2. The town councils of the several towns, except as before excepted, are hereby authorized and required from time to time to determine the corners and angles of all roads, in the several towns aforesaid, at which the said guide-posts shall be erected and kept; and shall cause a fair record thereof to be entered and kept among the records of their proceedings.
Sec. 3. The guide-posts to be erected and kept in pursuance of this act shall be constructed in manner following, that is to say; there shall be erected at the several corners or angles of the roads, which shall be ordered by the town councils aforesaid, a substantial post, not less than eight feet high ; upon the upper end of which shall be placed a board, upon which shall be plainly and legibly painted the name of the next town, with such other noted town or place as may be judged most expedient for the direction of travellers, to which each of the roads may lead, together with the number of miles to the same; and also the figure of a hand with the forefinger thereof pointing toward the town or place to which the said road may lead : provided, however, that the inhabitants of any town may agree upon some suitable substitute in the room of said guide-posts, and appoint any proper person to superintend the erection and support of the same.
Sec. 4. If any town aforesaid shall neglect or refuse to keep at all times erected and maintained said guide-posts, in such places and in such manner as is herein provided, such town so neglecting or refusing shall forfeit and pay to the use of the state, three dollars for every month which it shall so neglect or refuse; and if any town council of any town as aforesaid shall neglect or refuse to fix and determine upon proper places in such town, at which the said guide-posts shall be erected and kept, the said town council shall forfeit and pay to the use of the state, five dollars for every month which they shall so neglect or refuse ; said forfeitures to be recovered by indictment in the county where the offence may be committed.
Sec. 5. If any person shall injure, mar, or deface any guide-post, or its substitute agreed upon as aforesaid, or board which shall be set up as is in this act provided, he shall forfeit and pay a sum not exceeding twenty dollars, nor less than two dollars, to be recovered by action of debt; before any justice of the peace in the town in which such guide-post was situated ; one half to the use of the complainant, and the other half to the use of said town.
An Act apportioning the expense of repairing Hunt's Bridge,
among the towns of North-Kingstown, Warwick and EastGreenwich.
North-Kingstown, Warwick, East-Greenwich, to repair or re-build. Whereas doubts and disputes have arisen respecting the building and repairing of the bridge commonly called Hunt's bridge, which divides the towns of East-Greenwich, Warwick and North-Kingstown, by reason whereof the said bridge is frequently impassable : It is enacted by the General Assembly, as follows:
Whenever the said bridge is not in repair, the same shall be repaired, or a new bridge erected, by the said towns of NorthKingstown, Warwick and East-Greenwich, in the following proportions, to wit: the one half part of all the expense of repairing or re-building the said bridge shall be paid by the said town of North-Kingstown; one fourth part by the said town of Warwick, and one fourth part by the said town of East-Greenwich.
An Act to prevent laying Vessels to and lading and unlading Wood or Merchandize upon the Bridge over Apponaug River.
Penalty for lading wood, &c., at Apponang Bridge. It is enacted by the General Assembly, as follows:
Whosoever shall lay any sloop or other vessel unto the bridge over Apponaug river, or there lade or unlade wood or other heavy merchandize, shall forfeit and pay the sum of four dollars for every such offence; to be recovered before any justice of the peace in the town of Warwick; one half thereof to the use of him who shall sue for the same, and the other half to and for the use of the said town of Warwick.
An Act to prevent Canoes and Boats being made fast to the
abutments, or any part of the Bridge at Pawtuxet Falls.
| SECTION 1. Penalty for fastening boat to bridge at | 2. Warwick and Cranston to appoint suPawtuxet Falls.
perintendent of bridge.
It is enacted by the General Assembly, as follows:
SECTION 1. Whosoever shall make fast any canoe or boat to either of the abutments, or any part of the bridge at Paw