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having suffered the road to be out of repair, or having placed any gate in a situation contrary to the law, the company shall be fined in a sum not exceeding two hundred dollars.

1 R. S., 1093, § 50.

§ 647. The inspector to whom complaint is Fees. made shall be paid by the complainant, before he acts thereon, the sum of two dollars for each day to be spent by him in the inspection. If he adjudges the road to be out of repair, such fees shall be repaid by the company to the complainant. It is the duty of the toll gatherer nearest the road adjudged out of repair to pay on demand, and out of the tolls, the fees for which the company is liable to the complainant; and the same may be recovered, with costs, of such toll gatherer, if he neglects to pay them. Ib., §§ 51, 52.

CHAPTER VI.

TOLL BRIDGES.

SECTION 648. Application by corporation for leave to erect.

649. The hearing on the application.

650. Action of the board of supervisors.

651. Use of highways.

652. Restrictions.

653. Channels of streams navigable by rafts to be kept

clear.

654. Completion of bridge and rates of toll.

655. Persons exempt.

656. Penalty.

Applica

tion by cor

§ 648. Any bridge corporation shall, before constructing a bridge, publish a notice in at least erect.

poration for leave to

The hearing on the ap

one public newspaper in each county in which the bridge, or any part of it, is to be, or, if no paper is published therein, in an adjoining county, once in each week for six weeks successively, specifying the location, the length and breadth of the bridge, and the time at which the application hereinafter required will be made. After such notice it shall apply to the board of supervisors of the county, or of each county in which any part of such bridge is located, at any meeting specified in the notice, for authority to construct it. The application shall specify the location and the length and breadth of the bridge.

1 R. S., 1272, first part of § 6.

§ 649. On the hearing, any persons residing in plication. the county or interested in the application may appear and be heard. The board may take testimony, or authorize it to be taken by any judicial officer of the county; and it may adjourn the hearing from time to time. A copy of the articles of association of the corporation, certified by the state engineer and surveyor or by the clerk where they are filed, shall be attached to and filed with the application.

Action of the board of

From 1 R. S., 1272, § 6; 2 Ib., 1014.

650. If the board are then of opinion that the supervisors, public interests will be promoted thereby, it may, by the assent of a majority of all the members elected to the board, grant the application by an order entered in its minutes and particularly de

scribing the bridge. The corporation shall cause a certified copy of the order, with a copy of the application, to be recorded in the office of the clerk of the county, before proceeding under it. The board, after finally acting on the application, shall cause it, with all other papers relating to it or to the proceedings, to be filed in such clerk's office, at the expense of the corporation.

highways.

§ 651. The corporation may use, in such man- Use of ner as prescribed by the board, so much of any public road on either side of the stream as may be necessary for constructing and maintaining the bridge and toll-houses.

1 R. S., 1273, § 7, last clause.

§ 652. Corporations shall not be authorized Restrictions under these provisions to construct any bridge within limits prescribed by any existing law for the erection or maintenance of any other bridge, nor to bridge any water where the tide flows, nor any water used for a harbor or which is navigable for sail vessels or steamers of the burden of tons and upwards, nor to bridge any

stream navigated by rafts or arks, in a manner to prevent or endanger the passage of any raft forty-five feet in width, or any ark.

Ib., 1275, § 20; 1273, § 6, last clause.

§ 653. Any such corporation bridging a stream navigated by rafts shall at all times keep the

channel above and below the bridge clear from

all

Channel of by rafts to

streams navigalle

be kept clear.

Completion

of bridge

and rates of toll.

Persons exempt.

Penalty.

all

deposits occasioned by its erection and prejudicial to such navigation; and shall be liable to pay to persons unreasonably hindered or delayed, in passing such bridge with rafts or arks, all damages sustained thereby.

1 R. S., 1273, §§ 8, 9.

§ 654. Every bridge, erected under these provisions, shall have good and substantial railings or sidings, at least four and a half feet high. When a bridge is completed, and a certificate that it is so, and is safe and convenient for the public use, is signed by the county judge of, and filed in the county clerk's office in, the county or counties in which it is located, the directors may erect a tollgate at such bridge and require such tolls as the supervisors of the county or counties from time to time prescribe.

Ib., 1273, § 10.

§ 655. Any person going to or from public worship, a funeral, school, a town meeting or election at which he is entitled to vote for the purpose of giving such vote, highway labor, or a military parade or court, which, by law, he is required to attend, is exempt from the payment of tolls.

Ib., 1274, § 11.

§ 656. Any person who, being liable to pay toll, forcibly or fraudulently passes the gate of a toll-bridge without paying the toll is liable to a

penalty of twenty-five dollars, in addition to the damages caused, to be recovered by the company.

Laws of 1854, ch. 120.

CHAPTER VII.

FERRIES.

SECTION 657. County court to grant licenses.

658. Riparian owner has prior right to a license.

659. Applicant to give recognizance.

660. Violation of recognizance.

661. Penalty for unlicensed ferrying.

662. Vested rights not affected.

663. Ferries on the Rivers St. Lawrence and Hudson.
664. Other provisions.

court to grant licen

657. The county court of each county shall County grant licenses for keeping ferries in the county, or upon waters dividing it from another county, to as many suitable persons as they deem proper, each license to be for a fixed term, not exceeding three years. Every such license is to be entered in the minutes of the court by the clerk, and a copy, attested by him, delivered to the licensee.

1 R. S., 1056, §§ 1, 5, 6.

owner has

to a license.

§ 658. No license shall be granted to a person Riparian other than the owner of the land through which prior right the highway adjoining the ferry runs, unless, after at least eight days' written notice to such owner of the application therefor, he neglects to apply for it.

Ib., §§ 2, 3.

to give

§ 659. Before a license is granted the applicant Applicant shall enter into recognizance to the people of the ance

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