Proviso. highways are laid out by said town-council; but no town shall be liable to repair such highway until the towncouncil thereof shall decree and order that the same shall be repaired at the expence of such town.

1745 47 '50 '59 '60

71 73 '80

'86 '94 '98 1802 '08

'10 '16 '22. Towns

An act for the Mending of Highways and Bridges.

SECTION 1. Be it enacted by the General Assembly, and by shall keep the authority thereof it is enacted, That all highways, towntheir high- ways, causeways and bridges, lying and being within the ways, &c. bounds of any town, shall be kept in repair and amended

in repair

veyors.

Their powers.

Surveyors

tion for

from time to time, so that the same may be safe and convenient for travellers with their horses, teams, carts and Under the carriages, at all seasons of the year, at the proper charge direction and expence of such town, under the care and direction of the sur- of the surveyor or surveyors of the highways, appointed by law and the surveyor or surveyors aforesaid shall have full power and authority to cut down, lop off, dig up, and remove all sorts of trees, bushes, stones, fences, rails, gates, bars, inclosures or other matter or thing that shall any way straiten, hurt, hinder or incommode the highway or town-way; and also to dig for stone, gravel, clay, marle, sand or earth in any land adjoining said highway, and the materials thus dug up to remove to such place or to make places in the highways for the repair and amendment compensa- thereof, as they shall deem necessary; making compenmaterials sation therefor as provided in case of wood taken, by the taken. eighth and ninth sections hereof: and when the highTo keep ways are blocked up or incumbered with snow, the surin winter. veyor or surveyors shall cause so much thereof to be removed or trod down as will render the roads passable: Provided however, That no surveyor of highways shall cause any watercourse in said highway to be so conveyed as to incommode any person's land, 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 consent or approbation of the town-council of Person ag- such town, signified in writing to such surveyor; and any grieved by, person or persons who may consider him or herself aggrieved by such watercourse, may complain to the said town-council; and said council, on receiving such complaint and examining into the circumstances of the same, shall, if they think reasonable, direct such surveyor or

roads open

Water

courses.

may complain to town

council.

surveyors to alter the said watercourse in such way and manner as they shall think just and proper.

the dis

shall vote

money for

to give no

SEC. 2. And be it further enacted, That the town-council Council to of each town, are hereby empowered and directed to appoint assign and appoint in writing annually, to the surveyor or tricts. surveyors, their several limits and divisions of the highways for repair and amendment; unto which assignments the said surveyors are directed to conform themselves. SEC. 3. And be it further enacted, That each town at some Town public meeting of the freemen thereof, regularly notified and warned, shall vote and raise such sum of money to be repairs. expended in labour and materials on the highways aforesaid, as they may deem necessary for that purpose: and Which the assessors shall assess the same on the ratable estate shall be assessed. of the inhabitants thereof, and all others owning ratable property therein, as other town taxes 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 the surveyor shall give reasonable notice (in writing Surveyor if desired) to each person in his list, of the sum he is as- tice theresessed to the highways aforesaid, and also to the inhabit- of. ants within his district assessed as aforesaid, two days' notice (extraordinary casualty excepted) of the times and time for places he shall appoint for providing materials and la- laboring. boring; to the end that each person may have opportu- Each may nity to work on the highways in person, or by substitute, work his or with his oxen, horses, cart and plough, at the rates and prices the town-council shall affix to such labour, to the full amount of the sum at which he is assessed; or he or pay in may pay the surveyor in money the sum he is assessed; cash. in which case, the surveyor shall carefully expend the sums thus paid in labour and materials for repairing the highways in his limits, according to his best discretion: and the surveyor at the expiration of his term shall ren- Surveyor der to the assessors for the time being, a list of such per- list of desons as shall have been deficient (if any such there be) linquents in working out their highway rate, or otherwise paying r him the sum assessed therefor, which deficient sums shall by the assessors be put in a distinct column, in the next assessment for the town-tax, and collected by the collector thereof, as other town-taxes are collected and paid into the town-treasury for the use of the town, to be specially appropriated in the district wherein the same was collected.

rate.

to return a

to assess

sessed be

insufficient.

If sum as- SEC. 4. And 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 be insuffiSurveyor cient for that purpose, it shall be lawful for the surveyor, shall em- with the consent of the town-council or the major part of ploy the inhabit them, where such deficiency happens, to employ such of the inhabitants of the town upon the repair of said highways in his limits, as shall make up such deficiency; and the persons thus employed shall be equitably paid out of the town-treasury therefor.

ants.

If town neglects to

for re

pairs.

shall assign to each his proportion.

notice

thereof.

SEC. 5. And be it further enacted, That if any town shall provide neglect to vote or agree upon a sum to be assessed for the express purpose of repairing and amending the highways aforesaid, or shall not otherwise provide for effectSurveyor ually mending and repairing the same, each surveyor shall assign to the several persons in his limits liable to the same, their ratable proportion of day's work, and of cart, team and plough, according to his taxable property as near as he can, and shall assign certain days for mending and repairing the ways aforesaid, having due regard to And give the season of the year, and give notice thereof to the persons aforesaid in his limits, liable by law to be taxed, two days at least before the time assigned (except in extraordinary cases, when they may be warned to appear forthwith) to attend for the purpose aforesaid, with suitable tools and with carts and teams if any they have: the notice to be in writing and left at his usual place of abode; and if any person being thus notified, shall make for neglect default of attending and working by himself or other in work- sufficient person in his stead, or with his cart and team, as he shall be appointed and assigned, he shall forfeit and pay for each day's neglect one dollar, and for default of his cart and team with a driver for each day, three dollars, and in that proportion for a longer or shorter space How reoo- of time; to the use of the town, to be recovered by an action of debt in the name of the town-treasurer, before any justice of the peace in said town.

Penalty

ing.

vered.

Surveyor

serve.

SEC. 6. And be it further enacted, That if any person refusing to shall be chosen surveyor of highways, and shall refuse to serve in said office and be qualified according to law, he shall forfeit the sum of five dollars, to the use of the town, to be recovered before any Court of competent jurisdiction, in an action of debt in the name of the towntreasurer.

his duty.

SEC. 7. And be it further enacted, That each surveyor of Surveyor highways who shall neglect the duties of his trust, shall neglecting forfeit and pay to and for the use of the town, the sum of twenty dollars for each neglect, to be recovered as aforesaid.

to erect

be pro

SEC. 8. And be it further enacted, That when and so often Surveyor as it shall be necessary to erect or repair a bridge or and repair bridges, for the conveniency of passing in the public roads bridges. or highways of any town in this State, it shall be the duty of the surveyor or surveyors, in whose district the said bridge or bridges to be erected or repaired shall be, to apply to the owner or occupant of any lot or lots of timber or woodland within such district, for the purchase of Timber so much timber or other materials as may be necessary for, how to to build or repair such bridge or bridges: but if the said cured. surveyor or surveyors cannot agree with such owner or occupant for said purchase, on such terms as to the said surveyor shall appear reasonable, in such case the said surveyor or surveyors shall be and they are hereby empowered to call in to his or their assistance, two substantial freeholders of his or their district, and by and with their advice to cause so much timber or other materials to be cut and carried off from the lot or lots of timber or woodland within such district, as shall be sufficient for said purpose, having due regard to the cutting of the same in such places and in such proportions, as shall in their opinion do the least injury and waste on the respective lands where the same shall be so taken.

how to be

paid for.

SEC. 9. And be it further enacted, That in case of disa- Timber, greement between the said surveyor or surveyors, and the owner or occupant of the timber or woodland as aforesaid the said surveyor or surveyors, together with the persons called in to his or their assistance as aforesaid, shall make a just and true appraisal of the value of timber or other materials taken and applied as aforesaid, certifying the name or names of the real or supposed owner or owners of the said lot or lots under their hands, which certificate and appraisal the said surveyor or surveyors shall lodge in the town-clerk's office of such town, that the owner or owners of such lands may receive the amount of such appraisal out of the treasury of such town.

to repair,

SEC. 10. And be it further enacted, That any town which Town shall neglect to keep in good repair its highways and neglecting bridges, shall be liable to be indicted therefor, and on may be inconviction before any court of general sessions of the dicted, &c,

Hope,

peace, of such neglect, 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 it shall be the duty of the attorney-general, on complaint to him made by any freeholder, to prefer a bill of indictment against

such town.

SEC. 11. And be it further enacted, That the islands of Prudence, Hope, Prudence, Patience and Hog-Island, be and they empt. are hereby exempted from the operation of all the provisions of this act.

&c. ex

Towns may defray re

of the

SEC. 12. And be it further enacted, That instead of the mode herein prescribed for mending highways by taxes as pairs out aforesaid, each and every town within this State may detreasury, fray the expences of repairing and keeping the same open, out of the town-treasury of such town, or otherwise, as Surveyor they may find expedient, any thing herein to the contrary pointed. notwithstanding; and may appoint surveyors thereof at any town-meeting legally convened in such town.

&c.

when ap

Towns adjoining

SEC. 13. And be it further enacted, That all public bridges bridges to on the dividing lines between towns, ought of right to be, and hereafter shall be established and kept in repair at the expence of the towns adjoining said bridges.

repair

them.

Towns

to be in

dicted.

SEC. 14. And be it further enacted, That if any town adjoinneglecting, ing any such bridge or bridges, shall refuse or neglect to keep in good repair the part of such bridge or bridges within and next adjoining the line of such town, the town so neglecting or refusing, shall and may be proceeded against by indictment or information in the supreme judicial court, or court of general sessions of the peace, and upon conviction, shall be fined to the use of the State, in a sum not less than twenty dollars, nor more than one thousand dollars, and execution shall issue for the amount of said fine and costs, against the town-treasurer of such Proviso. 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.

Penalty.