TITLE VI.

CHAPTER 26.

Penalty for ob. structing highways, &c.

Encroachments.

Forfeiture for not removing encroachments.

Proceedings in

case encroach

ment be denied.

Ib.

Ib.

Ib.

CHAPTER 26.

of the obstruction of highways, encrOACHMENTS Thereon, and

PENALTIES.

SECTION 1. Whoever shall wilfully obstruct any highway or navigable river, or fill up, or place any obstruction in any ditch, constructed for draining the water from any highway, shall forfeit for every such offence a sum not exceeding twenty-five dollars.

SEC. 2. In every case where a highway shall have been laid out and opened, and the same has been or shall be encroached upon by fences, the commissioners of highways shall make an order under their hands, requiring the occupant of the land through or by which such highway runs, and of which such fences form a part of the inclosure, to remove such fences beyond the limits of such highway within sixty days, and they shall cause a copy of such order to be served upon such occupant; and every such order shall specify the width of the road, the extent of the encroachment, and the place or places in which the same shall be, with reasonable certainty.

SEC. 3. If such encroachment shall not be removed within sixty days after service of a copy of such order, such occupant shall forfeit the sum of fifty cents for every day after the expiration of that time, during which such fence shall continue unremoved.

SEC. 4. If the occupant upon whom a copy of such order shall be served, shall deny such encroachment, the commissioners or some one of them shall apply to some justice of the peace of the county, for a precept, which shall be issued by such justice, directed to any constable of the county, commanding him to summon six disinterested freeholders thereof, to meet at a certain day and place, and not less than four days after the issuing thereof, to inquire into the premises; and the constable to whom such precept shall be directed, shall give at least three days' notice to one of the commissioners of highways of the township, and to the occupant of the land, of the time and place at which such freeholders are to meet.

SEC. 5. On the day specified in the precept, the jury so summoned shall be sworn by such justice, well and truly to inquire whether any such encroachment has been made as described in the order of the commissioners, and by whom; and the witnesses produced by either party shall be sworn by the justice, and the jury shall hear the proofs and allegations which may be produced and submitted to them; and in case any person so summoned as a juror shall not appear, or shall be incompetent, his place may be supplied by a talesman as in other cases.

SEC. 6. If the jury find that any such encroachment has been made by the occupant of the land, or any former occupant thereof, they shall make and subscribe a certificate in writing of the particulars of such encroachment, and by whom made, which shall be filed in the office of the township clerk; and the occupant of the land, whether such encroachment shall have been made by him, or by any former occupant, shall remove his fences within thirty days after the filing of such certificate, under the penalty of fifty cents for each day after the expiration of that time, during which such fences shall remain unremoved.

SEC. 7. If the jury find that any such encroachment has been made as aforesaid, the occupant shall pay the costs of such inquiry, and if the

TITLE VI.

CHAPTER 27.

same shall not be paid in ten days, the justice shall issue a warrant for the collection thereof, directed to any constable of the county, commanding him to levy such costs and his fees thereon, of the goods. and chattels of such delinquent, and make return thereof to such justice within thirty days from its date; and the justice, constables, jurors and witnesses, shall be entitled to the same compensation as for other similar services in proceedings before justices of the peace. SEC. 8. If the jury find that no encroachment has been made, they shall so certify, and shall also ascertain and certify the damages which complainant. the then occupant shall have sustained by such proceeding; which damages, together with the costs of the proceedings, shall be paid by the complainant.

When damages

to be paid by

moved.

Penalty on occu

SEC. 9. No person shall be required to move any fence under the When fence above provisions, except between the first day of November and the may not be refirst day of April, unless the same shall have been made within three months next before the making of the order for the removal thereof. SEC. 10. If any tree shall fall or be fallen by any person from any pant for not re occupied land, into any highway, any person may give notice to the moving fallen occupant of the land from which such tree shall have fallen, to remove the same in two days: and if such tree shall not be removed within that time, but shall continue in such highway, such occupant shall forfeit the sum of fifty cents for every day thereafter, until such tree shall be removed.

trees, &c.

SEC. 11. In case any person shall cut down or fall any tree on en- Liability for falling trees into closed land not occupied by him, so that it shall fall into any highway, highway. unless by the order or consent of the occupant, such person shall pay to the occupant of such land the sum of one dollar for every day the same shall remain in such highway, together with all other damages which such occupant may sustain, to be recovered as damages in an action of trespass, or on the case.

structing rivers,

SEC. 12. Whoever shall obstruct the navigation of any river or Penalty for obstream, which now is or may hereafter be declared a public highway, &c. by falling any tree therein, or by putting into any river or stream so declared a public highway, any refuse lumber, slabs, or other waste materials, on conviction thereof shall forfeit the sum of five dollars for any such offence.

CHAPTER 27.

OF THE ERECTION, REPAIRING AND PRESERVATION OF BRIDGES.

When moneys

for building

SECTION 1. Whenever it shall appear to the board of supervisors of any county, that any one of the townships in such county would be unreasonably burthened, by erecting or repairing any necessary bridge may be raised or bridges in such township, such board of supervisors may cause bridges. such sum of money to be raised and levied upon the county, as will be sufficient to defray the expenses of erecting or repairing such bridge or bridges, or such part of such expenses as they may deem proper; and such moneys, when collected, shall be paid to the township treasurer of the township in which the same are to be expended, and be applied by the commissioners of highways of such township to the purpose for which the same was raised.

TITLE VI

CHAPTER 23.

Limitation of amount.

When notice may be put up

SEC. 2. No board of supervisors shall, under the provisions of the preceding section, cause any sum exceeding one thousand dollars to be raised and levied in any county in any one year.

up

SEC. 3. The commissioners of highways of any township may put and maintain at the expense of their township, in conspicuous plaat end of bridge. ces at each end of any bridge in such township maintained at the public charge, and the length of whose chord is not less than twenty-five feet, a notice with the following words in large characters: "One dollar fine for riding or driving on this bridge faster than a walk."

Forfeiture.

Penalty for injuring bridge.

SEC. 4. Whoever shall ride or drive faster than a walk on any bridge, upon which such notice shall have been placed, and shall there be, shall forfeit for every such offence the sum of one dollar.

SEC. 5. Whoever shall injure any bridge maintained at the public charge, shall, for every such offence, forfeit treble damages.

When trees, &c.

owner of land.

CHAPTER 28.

MISCELLANEOUS PROVISIONS OF A GENERAL NATURE.

SECTION 1. All trees standing or lying on any

land over which any to be for use of highway shall be laid out, shall be for the proper use of the owner of such land, or person otherwise entitled thereto, except such of them as may be requisite to make or repair the highways or bridges on the same land, or within one mile of the same; but no trees reserved for shade or ornament shall be used for such purposes.

Trees may be set out along highway, &c.

Person removing mile-stone, &c.,

meanor.

SEC. 2. Any person owning or occupying land adjoining any highway not less than three rods wide, may plant or set out trees on each side of said highway contiguous to his land; which trees shall be set in regular rows, at a distance of at least six feet from each other, and within ten feet of the margin of the highway; and if any person shall cut down, destroy or injure any tree that may have been, or shall be so planted or set out, or which shall have been left on the side of such highway for shade, he shall be liable in treble damages to the owner or occupant of such adjoining land, in an action of trespass, or on the

case.

SEC. 3. Whoever shall wilfully destroy, remove, injure or deface any milestone or mileboard, erected on any highway; or shall wilfulguilty of misde. ly injure or deface any inscription or device upon any guide-post or guide-board on any highway, or remove, destroy or injure any such guide-post or guide-board, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not exceeding fifty dollars, or imprisoned in the county jail not exceeding three months, in the

Liability for in

&c.

discretion of the court.

SEC. 4. Whoever shall injure any highway, by obstructing or divertjuring highway, ing any creek, water course or sluice, or by drawing logs or timber on the surface of any road or bridge, or by any other act, shall be liable in treble damages, to be recovered in an action of trespass, or on the case, by the overseer of highways of the road district within which the injury was done, in his name of office, to be expended by him in the repair of roads in his district.

SEC. 5. The provisions of this chapter, and of the preceding chap

OF FERRIES.

141

TITLE VI. CHAPTER 29.

ters, relating to highways and bridges, shall be construed to extend to all parts of the state, except where special provisions, inconsistent therewith, have been or shall be made by law in relation to particular Provisions of townships, counties, cities or villages.

this title to extend to all parts of state, except, &c.

CHAPTER 29.

OF THE REGULATION OF FERRIES.

SECTION 1. The board of supervisors of each of the counties of License for keepthis state, may grant licenses for keeping ferries in their respective ing ferries. counties, to as many suitable persons as they may think proper; which licenses shall continue in force for a time to be specified therein by said board, not exceeding three years.

SEC. 2. The said board, when they shall grant any license to keep Rates of ferriage a ferry, shall order and direct the rates of ferriage which the person how regulated. licensed may receive, and may, from time to time thereafter, during the continuance of such license, alter such rates; and they may also direct what and how many hours each day such person shall attend

his ferry.

to owner of land

SEC. 3. No such license shall be granted to any person other than the When not to be owner of the land through which the highway adjoining the ferry shall granted except run, unless such owner shall consent thereto, or shall neglect to apply for such license, after notice as hereinafter provided.

SEC. 4. Whenever application shall be made by any person other Ib. than such owner, the board shall not grant a license to such applicant without the consent in writing of such owner, unless proof shall be made that such applicant caused notice to be given in writing to such owner, at least eight days before such application made, of his intention to make the same.

SEC. 5. Every person applying for such license shall, before the Bond to be given. same be granted, give bond to the people of this state, in such penal sum as the said board shall direct, not less than two hundred dollars, with so many, and such sufficient sureties as the said board shall direct and approve, upon condition that he will faithfully keep and attend such ferry, with such and so many safe and convenient boats, and so many men to work the same, together with sufficient implements therefor, during the several hours in each day, and at such several rates, as the said board shall from time to time order and direct; which bond shall be filed with the county clerk.

SEC. 6. Every such license shall be entered by the county clerk in Entry of license a suitable book in his office; and a copy of such license, attested by by clerk, &c. such clerk, shall be delivered to the person licensed.

vide two coun

SEC. 7. Whenever the waters over which any ferry may be used, when waters dishall divide two counties, a license obtained in either of the counties, shall be sufficient to authorize the person obtaining the same, to transport persons, goods, wares, merchandize and effects, to and from either side of said waters.

bond guilty of

SEC. 8. Every person who shall violate such bond shall be deemed Persons violating guilty of a misdemeanor, and on conviction thereof, shall be subject misdemeanor, &e to such fine as the court may adjudge, not exceeding twenty-five dollars for each offence, and unless such fine, and the costs of prosecu

TITLE VI.

CHAPTER 29.

Persons using ferry without li

misdemeanor.

tion shall be paid within ten days after such fine shall have been imposed, the prosecuting attorney for the county shall prosecute such bond for the use of the state.

SEC. 9. If any person shall use any ferry for transporting across any cense, guilty of river, stream or lake, persons, goods, chattles or effects, for profit or hire, unless authorized in the manner directed in this chapter, such person shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be subject to such fine as the court may adjudge, not exceeding twenty dollars for each offence.

When person

ted in either of two counties.

SEC. 10. When any offence mentioned in either of the two last premay be prosecu- ceding sections, shall be committed on waters dividing two counties, the person so offending may be prosecuted in either of such counties. SEC. 11. Nothing contained in this chapter shall affect or impair provisions of this any right or privilege belonging to any individual or corporation, by virtue of any law of this state.

Limitations of

chapter.