sions may order

may order the payment of such sum or sums of money as Court of Sesshall be assessed in damages to be paid by any town, in conse- payment of quence of this Act, out of the treasury thereof: and in default

of payment after a reasonable time, may levy the same by and if not paid warrant of distress upon the personal property of the inhab- of distress. itants, to the use and benefit of the person or persons to whom the damages may be awarded.

lay out town

by the town.

discontinue or alter such ways.

SEC. 9. Be it further enacted, That the Selectmen of the Selectmen may several towns in this State, are hereby authorized and em- and private powered, either personally or by such person or persons as ways; they shall appoint, to lay out town or private ways for the use of such town only, or for one or more individuals thereof, or proprietors therein; but no such town or private way shall to be approved be established until the same has been reported to the town at some public meeting of the inhabitants held for that purpose, and by them approved and allowed. And any town Towns may may alter or discontinue any town or private way when it shall appear that the same is unnecessary for the inhabitants of such town. And if any person or persons, who are own- Damages to ers of the land through which such way shall be laid out, be ed to be paid injured thereby, he or they shall receive such recompense as selectmen and the party injured and the Selectmen shall agree upon, to be such persons, or paid by the town or person or persons for whose use the said &c. way is laid out; or in case of disagreement, as shall be ordered by the Court of Sessions upon an inquiry into the same by a special committee, if the parties agree thereto, or by a Jury to be summoned and selected in the manner prescribed by the first section of this Act. And such committee or Jury shall assess damages for the injured party to be paid by such town or person or persons as aforesaid.

persons injur

as agreed by

settled by jury,

fuse or delay to

way, what pro

had.

SEC. 10. Be it further enacted, That if the Selectmen If selectmen reshall unreasonably delay, or refuse to lay out or cause to be lay out such laid out, any such private way, as before described, being ceedings to be thereunto requested in writing by one or more of the inhab itants or proprietors of land in such town, then the Court of Sessions for the same county, at any session thereof within one year, if the request appear to them reasonable, may cause the same private way to be laid out at the cost of the persons applying, by a committee of three disinterested freeholders, which committee shall estimate the damages occasioned thereby, (if any there be,) as well as ascertain the place and course of the said private way; the damages to be paid by the town, if it be of general benefit, otherwise by the person or persons for whose use and benefit the way is laid out; and the Justices of the respective Courts of Sessions upon application to them made by any party aggrieved at the continuance of any private way, may order and direct a discontinuance thereof, after notifying and hearing the parties interested therein, if they shall thereupon adjudge and determine such discontinuance reasonable.

or delay unrea

prove such

ways. &c. proceedings in

such cases.

If towns refuse SEC. 11. Be it further enacted, That when any town shall sonably to ap- unreasonably delay or refuse to approve and allow of any laid out by the Selectmen thereof or their order, private way and put the same on record, any person or persons aggrieved by such delay or refusal may apply to the Court of Sessions for the same county, within twelve months after such refusal or delay; and the same Court after hearing the town thereon, may accept and approve of the said private way, as laid out by the Selectmen, and direct the same to be recorded in the town book; or they may order the private way petitioned for, to be laid out by a committee of three disinterested freeholders to be by them appointed for that purpose, which committee shall be under similar directions and obligations as to locating and estimating the damages occasioned thereby, as in this Act is prescribed for a committee in locating or altering a county highway.

SEC. 12. Be it further enacted, That when any new highway shall be laid out and accepted by the Court of Sessions, a reasonable time shall be allowed to the town through which such highway shall lead to make it passable, safe and convenient for travellers and others passing with their teams, waggons, or other carriages: Provided, That such time shall not exceed twelve months from the time of such acceptance ; unless such Court shall for reasons specially given, order a longer time. And if any town shall neglect their duty in that respect the said Court, on application therefor, shall appoint a committee of three disinterested freeholders in the same county, to enter into any contract or contracts for making such new highway passable as aforesaid, the expense of which shall be immediately afterwards defrayed by the delinquent town, and in default thereof, the said Court shall issue a warrant of distress against such town.

SEC. 13. Be it further enacted, That all highways, town ways, causeways and bridges, lying and being within the bounds of any town, shall be kept in repair and amended from time to time, 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 proper charge and expense of the inhabitants of such town, (where other sufficient provision is not made therefor,) and there shall be chosen two or more suitable persons, in each town, at the annual meeting in March or April, who shall be denominated surveyors of highways. to be notified and sworn in like manner as other officers of the same town, and in case of refusal to serve shall forfeit and pay the sum of ten dollars, to the use of such town: Provided, No person shall be held and obliged to serve more than one year in three years. And it shall be the duty of the Selectmen of the several towns within this State, before the first day of May annually, to assign in writing, to the several survey. ors, their divisions and limits for making and repairing the

money for re

to be assessed

charges.

be expended

notify those in

highways, which assignments the said surveyors are directed to observe; and wherever any town shall elect the Selectmen surveyors of highways, they shall be authorized to delegate said power in writing to such person or persons as they may deem proper. And each town, at some public meeting Towns to raise of the inhabitants thereof, regularly notified and warned, shall pairing roads; vote and raise such sum of money, to be expended in labor and materials on the highways, as they shall determine neces-, sary for the purpose. And the Assessors shall assess the same on the polls and ratable estate, personal and real, of the in- as other town habitants, residents and non-residents of their town, as other town charges are by law assessed, and deliver to each surveyor a list of the persons and the sums at which they are severally assessed for his limits; and two thirds of the sum at least Two thirds to which shall be agreed upon and granted by any town for mak- before July 1st. ing or repairing the highways, shall be laid out and expended for that purpose before the first day of July next after granting the same; and the surveyor shall give reasonable notice, Surveyor to (in writing if desired,) to each person in his list of the sum he his district. is assessed to the highways, and also to the inhabitants within his district assessed as aforesaid, forty-eight hours notice, (extraordinary casualty excepted,) of the times and places, he shall appoint for providing materials and laboring, to the end each person may have opportunity to work on the highways in person or by his substitute, or with his oxen, horses, cart and plough, at the rates and prices the town shall affix to such labor, to the full amount of the sum at which he is assessed, or he may pay the surveyor in money the sum he is assessed, in which case the surveyor shall carefully expend the sums thus paid, in labor and materials for repairing the highways in his limits, according to his best discretion. And when the highways are blocked up or incumbered with snow, blocked with the surveyor shall forthwith cause so much thereof to be re- snow, moved or trodden down as will render the roads passable, and in such way and manner as the town shall direct at their annual meeting; and in case of any sudden injury to bridges or and repair highways he shall, without delay cause the same to be repair denly injured. ed. And the surveyor, at the expiration of his term, shall ren- To render an der to the Assessors for time being, a list of such persons as account to the shall have been deficient, (if any such there be,) in working end of his term. out their highway rate, or otherwise paying him the sum assessed therefor; which deficient sums shall by the Assessors Deficient sum be put in a distinct column, in the next assessment for the to be inserted town tax, and collected by the Constable or Collector there- ment of town of, as other town taxes are collected, and paid into the town treasury for the use of the town.

To clear roads

bridges &c.sud

assessors at the

in next assess

taxes.

veyors in re

SEC. 14. Be it further enacted, That the surveyors, thus Power of sur chosen and sworn, shall have full power and authority to cut moving obdown, lop off, dig up and remove all sorts of trees, bushes, obtaining mastones, fences, rails, gates, bars, inclosures, or other matter or terials.

structions and

thing that shall any way straiten, hurt, hinder, or incommode the highway, and also to dig for stone, gravel, clay, marle, sand or earth, in any land not planted or inclosed, and the materials thus dug up to remove to such place or places in the highways, for the repair and amendment thereof as they Proviso-limit- shall determine necessary: Provided always, That no surveying surveyor's or of highways shall cause any water course occasioned by power. the wash of any highway to be so conveyed by the side of

When sum assessed is not

sufficient duty and power of

surveyor.

Towns may au thorize surveyors to make contracts for

repair of high.

ways,

And to collect

taxes, &c.

such highway as to incommode any person's house, store. shop or other building, or to obstruct any person or persons in the prosecution of his or her business or occupation, without the approbation and consent of the Selectmen of such town or other place signified in writing to such surveyor and any person or persons who may consider him or herself to be aggrieved by such water course, may complain to the Selectmen of such town or other place: and the Selectmen on receiving such complaint, shall proceed to view such water course so complained of, and after attending to the circumstances of the same, shall if they think it reasonable, direct such surveyor to alter the said water course in such way and manner, as they shall think just and proper.

SEC. 15. Be it further enacted, That when the sum appropriated and assessed for the repair of the highways in the limits of any particular surveyor shall not fully answer, or be insufficient for that purpose, it shall be lawful for the surveyor, with the consent of the Selectmen, or the major part of them, where such deficiency happens, to employ such of the inhab itants of the town, upon the repair of the ways in his limits, as shall make up that deficiency: and the persons thus employed shall be equitably paid out of the town treasury therefor, or the town may authorize the surveyor to agree with the persons employed, that for such labor they shall be allowed on the next highway tax, or otherwise compensated, as the town may have prescribed.

SEC. 16. Be it further enacted, That every town may at their annual meeting, or any meeting warned for that purpose, authorize their surveyors, or any other person or persons to enter into any contract or contracts for making or repairing the highways within the same or any part thereof; and may also empower their surveyors of highways to collect taxes for making and repairing the ways which shall not be paid in labor or otherwise within the time limited by law, or such peAssessors may riods as may be agreed upon by such town, and for that purthe Assessors shall deliver to them warrants of distress pose which shall be in the form prescribed by law for collecting lectors of taxes. other town taxes, mutatis mutandis; or they may deliver to the Collector or Collectors of taxes a warrant for collecting the deficiency in any highway tax which the Collector is hereby empowered and required to levy in the same way and manner as other taxes are by law to be collected, and pay the same over to the surveyor or surveyors, who shall be held

deliver to sur veyors. warrants of dis

tress, or to col.

pended to be

treasury.

veyor neglect.

surplus, &c.

to exhibit his

le c'men in July

to account with the Selectmen for the expenditure thereof. And if any money shall remain unexpended in the hands of Money unexthe surveyor or surveyors after the expiration of their office, paid into town they shall pay the same to the town Treasurer. And if any surveyor shall neglect to pay over such sums to the said Trea- Penalty for sursurer upon demand, the said Treasurer, or his successor in ing to pay over that office, shall have power to recover the same, in an action upon the case, with twenty per cent. in addition thereto, to the use of the town, with costs of suit: and if pending the action, or neglecting another town Treasurer shall be appointed, he, on noting his appearance on the record, shall have power to pursue the same action to final judgment and execution. And if any surveyor who shall receive his rate-bill of the Selectmen or Asses- rate bill to se sors of any town shall neglect to exhibit the same to them on annually. the first Monday of July annually, and also at the expiration of the term for which he shall be appointed, and at those times respectively to render an account of all monies that have been expended on the ways, he for each offence shall forfeit and pay twenty dollars, to be recovered in an action of debt with costs of suit by the said Treasurer to the use of the town. SEC. 17. Be it further enacted, That if any person shall counties and lose a limb, break a bone, or receive any other injury in his towns liable to person, or in his horse, team or other property, through any persons injured defect or want of necessary repair and amendment of any roads. highway, causeway or bridge; the person or persons injured thereby shall and may recover of the county, town, the person or persons who are by law obliged to keep the same highway, causeway, or bridge in repair, in case they had reasonable notice of the defect, double the damages thereby sustained by a special action of the case, before any Court proper to hear and determine the same: And if the life of any person Penalty in case shall be lost through the deficiency of the way, causeway or of life lost. bridge, or for want of rails on any bridge, the county, town, or persons who are by law obliged to repair and amend the same, shall be liable to be amerced in the sum of three hun- Mode of recov dred dollars, to be paid to the executor or administrator of the deceased for the use of his heirs, upon a conviction before the Circuit Court of Common Pleas, or Supreme Judicial Court, on a presentment or indictment of the Grand Jury.

pay damages to

by badness of

ery.

district it lies,

the town:

SEC. 18. Be it further enacted, That in case the inhabitants when towns of any town shall be fined upon the presentment of the Grand bad roads, surJury, or upon the information of the Attorney General, or the veyor, in whose person acting for the State in his absence, for a deficiency in answerable to the highways, the surveyor, within whose limits the deficient ways are, shall be liable to refund the same, with all costs, to the said inhabitants, upon an action of the case to be brought therefor, or the surveyor of highways may be prosecuted on presentment or information as aforesaid, and fined for any deficiency that may arise in his limits: Provided, Such deficien- provided the shall arise from the negligence of the surveyor in not duly

су

fault or neglect is on his part.