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summoned.

$49. On the application of the commissioners of highways, or of the Jury may be owner of the land through which such road is laid out, to any justice of the peace of the town, he shall issue his warrant to some constable of some other town of the same county, not interested in the land through which the road is laid out, directing him to summon twelve disinterested freeholders, residing in some other town than that in which such road is laid out, and not of kin to the owner of such land, to assess the damages sustained by the laying out such road; and shall therein specify the time and place at which the jury shall meet.

sist of six per

sons.

$50. Upon such freeholders appearing, the justice who issued the war- And to conrant shall draw by lot six of the names of the persons attending, to serve as a jury; and the first six persons drawn, who shall be free from all legal exceptions, shall be the jury to assess the said damages.

to the route

§ 51. Such justice shall cause notices in writing to be posted up at three Justice to of the most public places in the town where the land is situated, specify- give notice as ing, as near as may be, the route of the said highway, the several tracts of road. of land through which the same is laid, and the time and place at which the jury will meet to assess the damages; and any person or persone interested in any such lands, and who shall not have agreed with the commissioners in relation to the damages sustained by him or them, may appear and be heard as a party to the proceedings, before the said jury, who shall assess the several damages of all the said persons so interested in any such lands.

the premises

52. In all cases of the assessment of such damages, the persons by Jury to view whom the assessment is to be made, shall view and examine the premises; before giving and before making their determination, the freeholders making the same verdict. shall be sworn well and truly to determine and assess such damages; and the verdict of the jury assessing the damages, shall be received and certified by the justice who issued the warrant for summoning them, and shall be delivered by him to the town clerk, who shall file the same in his office.

supervisor.

§ 53. Such commissioners shall cause a statement of the verdict, char- Statement to ges and expenses in laying out the said road, to be delivered to the super- be given to visor of the town, who shall lay the same before the board of supervisors of the county, by whom the same shall be audited.

&c. how to

§ 54. The amount of damages, as settled by the jury, or as liquidated Damages, by the commissioners of highways, together with the charges of the com- be paid. missioners, justice, surveyors and other persons or officers employed in making the assessment, as audited and allowed by the board of supervisors, shall be levied and collected in the town in which the said highway shall be situated. The monies so collected, shall be paid to the commissioners of highways of the same town, who shall pay to the owner the sum assessed to him, and appropriate the residue to satisfy the charges.

§ 55. When any person shall be the owner of any land over which any Roads dishighway shall run, and such highway shall be discontinued in whole or in continued. part, by reason of some other road to be established and laid out under this act, through the lands of the same person, the commissioners who shall agree for, or persons who shall assess the damages as herein before provided, shall take into calculation the value of the road so discontinued, and the benefit resulting to such person by reason of such discontinuance, and shall deduct the same from the damages agreed upon or assessed for the opening and laying out such new road; and thereupon the owner of the land may enclose so much of the highway so discontinued, as shall belong to him.

§ 56. When the commissioners of highways of any town shall disagree In case of diswith the commissioners of any other town in the same county, relating to agreement

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missioners of two town.

between com- the laying out of a new road, or the alteration of an old road, extending into both towns; or when the commissioners of a town in one county shall disagree with the commissioners of a town in another county, relating to laying out a new road, or altering an old road, which shall extend into both counties; the commissioners of both towns shall meet together, at the request of either of the disagreeing commissioners, and make their determination upon such subject of disagreement.

Road on the

towns.

§ 57. Whenever it shall become necessary to have a highway upon line between the line between two towns, such highway shall be laid out by two or more of the commissioners of highways of each of said towns, either upon the line, or as near thereto as the convenience of the ground will admit ; and they may so vary the same, either to the one or the other side of such line, as they may think proper.

How to be districted.

How to be worked.

Old roads.

Private roads.

For whose

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roads.

§ 58. It shall be the duty of the same commissioners, when they lay out such highway, to divide it into two or more road districts, in such manner that the labor and expense of opening, working and keeping in repair such highway, through each of the said districts, may be equal, as near as may be, and to allot an equal number of the said districts to each of the said towns.

§ 59. Each district shall be considered as wholly belonging to the town to which it shall be allotted, for the purpose of opening and improving the road, and for keeping it in repair: and the commissioners shall cause such highway, and the partition and allotment thereof, to be recorded in the office of the town clerk in each of their respective towns.

§ 60. All highways heretofore laid out upon the line between any two towns, shall be divided, allotted, recorded and kept in repair in the manner above directed.

61. Upon application to the commissioners of highways of any town to lay out a private road through any lands, such application shall be accompanied by the certificate of twelve freeholders, that such road is proper and necessary; and if the commissioners shall actually lay out such road, the damages and expenses thereof shall be paid for by the person or persons applying for the said road. The damages of the owner of the land through which such road shall be laid out, together with the expenses, shall be ascertained or assessed in like manner as if the same was a public highway; and such damages shall be paid by the person applying for the road.

§ 62. Every such private road, when so laid out, shall be for the use of such applicant, his heirs and assigns, but not to be converted to any other use or purpose than that of a road; nor shall the occupant or owner of the land through which such road shall be laid out, be permitted to use the same as a road, unless he shall have signified his intention of so making use of the same, to the jury or commissioners who ascertained the damages sustained by laying out such road, and before such damages were so ascertained.

63. All public roads to be laid out by the commissioners of highways of any town, shall not be less than three rods wide, and all private roads shall not be more than two rods wide.

§ 64. All applications to the commissioners of highways for the disconance of old tinuance of an old road, on the ground that it has become useless and unnecessary, shall be verified by the oath or affirmation of twelve freeholders of the town where the said road is situated; and the said commissioners shall thereupon proceed to consider and decide such application.

filed.

$65. All applications, certificates and other papers relating to the lay- Papers to be ing out, altering or discontinuing of any road, shall be filed by the commissioners of highways, as soon as they shall have decided thereon, in the office of the clerk of the town.

three judges

§ 66. Every person who shall conceive himself aggrieved by any de- Appeal to termination of the commissioners of highways, in laying out, altering or of the county discontinuing, or in refusing to lay out, alter or discontinue any road; or court. in regulating, or refusing to regulate, any public landing or watering place; or in determining, or refusing to determine, that any road hath become a public highway, as mentioned in the first section of this act, may, at any time within twenty days after such determination shall have been made or posted as before directed, appeal to any three of the judges of the court of common pleas of the county in which such road, public landing or watering place is situated. But an appeal by one person, and a decision thereon, shall not conclude or affect the rights of any other person, who shall appeal within the limited period.

§ 67. The judges to whom the first appeal from any such determina- Power and tion shall be made, shall have exclusive jurisdiction of all appeals from the duty of judges. same determination, to the end that their decision, when made, may embrace the whole subject; and for this purpose they shall suspend all proceedings upon the appeal first made, and upon all other appeals received by them from such determination, until the time limited for such appeals shall have expired.

§ 68. Every such appeal shall be in writing addressed to the judges, Appeal to be and signed by the party appealing. It shall briefly state the grounds in writing. upon which it is made, and whether it is brought to reverse entirely the determination of the commissioners, or only a part thereof; and in the latter case, it shall specify what part.

§ 69. It shall be the duty of the judges to whom the appeal is made, to Judges how proceed thereon as soon as may be convenient; when the determination to proceed. appealed from was against an application for laying out, altering or discontinuing a road, or regulating a public landing or watering place, the judges shall give notice to the commissioners by whom such determination was made where the appeal is from a determination in favor of an application as aforesaid, the notice shall be given to the commissioners, and to one or more of the applicants for such road. In all cases, the notice shall specify the time and place at which the judges will convene to hear the appeal.

70. Every such notice shall be served at least eight days before the Notice. time mentioned therein, by delivering the same to one of the commissioners whose determination is appealed from, or by leaving the same at his dwelling-house, with some person of suitable age and discretion residing thereat. If the notice be also directed to an applicant, it shall be served on such applicant in the same manner.

$71. It shall be the duty of the judges to convene at the time and place Proof. mentioned in the notice, and to hear the proofs and allegations of the parties. They shall have power to issue subpoenas for, and by attachment to compel, the attendance of witnesses before them on such appeal, and may adjourn from time to time as may be necessary. Their decision, or that of any two of them, shall be conclusive in the premises; and every such decision shall be reduced to writing, be signed by the judges making it, and be filed by them in the office of the town clerk, who shall record the

same.

§ 72. Every such judge shall be entitled to receive two dollars for Pay of judges every day employed in the hearing and decision of such appeal; to be to public

as

As to private roads.

Judges to lay

certain caseS.

paid, in the case of a public road, landing or watering place, by the party appealing, when the determination of the commissioners appealed from shall be affirmed; but when it is reversed, to be a charge against the county.

§ 73. Whenever an appeal shall be made from the determination of commissioners in refusing to lay out a private road, and the decision of the judges is against such determination, the expenses of the appeal shall be a county charge; but when such decision is against their determination in laying a private road, the expense shall be paid by the owner or occupant of land appealing; in all other cases of appeal in relation to such roads, the expenses shall be borne by the applicant for such private road.

§ 74. When an appeal shall have been made from a determination of wat roads in commissioners in refusing to lay out or alter any road, or regulating a public landing or watering place, and the judges shall reverse such determination, such judges shall lay out or alter the road applied for, or regulate such public landing or watering place, in the same manner in which commissioners of highways are directed to proceed in the like cases; such road shall be opened by the commissioners, in the same manner as if laid out by themselves.

In case of vacancy.

Road fixed by judges, when to bo altered.

Application

§ 75. In case the office of any one of the judges to whom such appeal shall be made shall become vacant, or he be unable or fail to attend before the decision of such appeal, it shall be the duty of the remaining judges named therein, to associate with themselves another of the judges of the same court, who shall act with them in all subsequent proceedings in the same manner as if he had been originally named in such appeal.

§76. No road which has been fixed by the decision of the judges on an appeal to them, shall be discontinued or altered, so long as such judges or either of them shall continue in commission, except by the order of the same judges, or such of them as continue in commission, joined with such other judge or judges as shall be necessary to make three; such additional judge or judges to be selected by the person applying for the discontinuance or alteration.

§ 77. If no one of the said judges shall continue in commission, such for alteration. application shall be made to any three of the judges of the same court, not having interest in the road so desired to be discontinued or altered.

When to be acted on.

§78. No application made under either of the two last preceding sections, shall be acted upon by the judges, unless the same be accompanied by a certificate signed by the commissioners of highways of the town in which the road is situated, stating their approbation of such application; and before the judges decide thereon, they shall proceed to view the road so desired to be discontinued or altered. They shall be entitled to the same compensation as above provided, to be paid by the applicant.

Notice to re-. § 79. Whenever the commissioners of highways shall have laid out move fences. any public highway through any enclosed, cultivated or improved lands, in conformity to the provisions of this act, and their determination shall not have been appealed from, they shall give the owner or occupant of the land through which such road shall have been laid, sixty days' notice in writing, to remove his fences: if such owner shall not remove his fences within the sixty days, the commissioners shall cause such fences to be removed, and direct the road to be opened and worked.

In case of appeal.

§ 80. If the determination of the commissioners shall have been appealed from, then the sixty days' notice shall be given after the decision

of the judges upon such appeal, shall have been filed in the office of the town clerk.

work roads.

§ 81. Every public highway already laid out, that shall not have been Time limited opened or worked within six years from the time of its being so laid out, to open and and every such highway hereafter to be laid out, that shall not be opened or worked within the like period, shall cease to be a road for any purpose whatever.

in use.

§ 82. All public highways now in use, heretofore laid out and allowed Roads now by any law of this state, of which a record shall have been made in the office of the clerk of the county or town; and all roads not recorded, which have been used as public highways for twenty years or more preceding the twenty-first day of March, seventeen hundred and ninety-seven, and which shall have been worked and used as such for the last six years; shall be deemed public highways, but may be altered in conformity to the provisions of this act.

ARTICLE SIXTH.

Regulations and penalties concerning the obstructions of highways, and encroachments thereon.

§ 83. If any person shall wantonly damage any road or bridge, or fence Penalties. across any road, or erect or set any gate thereon, or put or leave therein any unnecessary obstructions, without the consent of the commissioners; or if any person shall leave the carcase of any beast, or any broken carriage, in any road for a longer time than may be necessary to remove the same; or set up in or near any road, any thing by which horses are usually affrighted; or shall, by any improper conduct, affright any horse with whom any person is travelling on any road; every such person so offending shall forfeit and pay the sum of five dollars for each offence, with costs of suit, to be recovered by the overseer of the district.

ed.

84. The overseers of highways shall forthwith remove all obstruc- Obstructions tions in the public roads of their respective districts, (except fences and to be remov buildings ;) and every overseer neglecting or refusing to remove such obstructions, after being notified or requested so to do by any justice of the peace or commissioner of the town, shall forfeit and pay the sum of five dollars.

ments by

§ 85. In every case where a highway has been, or shall be encroached Encroachupon by fences or buildings, the commissioners of highways of the town fences or shall, if in their opinion it be necessary, order the person or persons who buildings. shall have erected the same, or the overseer of the district, to remove such fences or buildings, so that such highway may be of the width originally intended. The commissioners making the order, shall cause the same to be reduced to writing, and signed. They shall also give notice in writing, to such person or persons, if he or they be the occupants or owners of the land, otherwise to such overseer, to remove such fences or buildings forthwith, if the same shall have been erected within ninety days previous, otherwise within the period of sixty days. Every such order and notice shall specify the width of the said highway, the extent of the encroachment, and the place or places in which the same shall exist; and if such removal shall not be made within the time specified in such notice, the person to whom such notice shall have been given, shall forfeit the sum of fifty cents for each day that such encroachment shall remain after such notice given.

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§ 86. If the occupant or owner of the land shall deny such encroach- Jury to be ment, the commissioners, or some one of them, shall apply to any justice case of deof the peace of the county, for a precept directed to any constable of the nial.

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