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TITLE IX.

OF HIGHWAYS, BRIDGES AND FERRIES.

CHAPTER 52.

CHAPTER 53.

CHAPTER 54.
CHAPTER 55.

CHAPTER 56.
CHAPTER 57.

CHAPTER 58.

CHAPTER 59.
CHAPTER 60.

CHAPTER 61.

CHAPTER 62.
CHAPTER 63.

CHAPTER 64.
CHAPTER 65.
CHAPTER 66.

CHAPTER 67.

Of the powers of selectmen in relation to laying
out highways.

Of the powers of the court of common pleas.
Of the powers of the road commissioners.
Of the power of the road commissioners to appor-
tion expense in certain cases.

Of the payment of damages and costs.

Of neglect of towns to make and repair highways.
Of the discontinuance of highways.

Of repairing highways in towns.

Of making and repairing highways not in any

town.

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CHAPTER 68. Of ferries.

CHAPTER 52.

OF THE POWERS OF SELECTMEN TO LAY OUT HIGHWAYS.

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SECTION 1. Selectmen upon petition are authorized to lay out any new highway, or to widen and straigthen any existing highway within their town for which there shall be occasion, either for the accommodation of the public or of the person applying.

SEC. 2. Unless the selectmen shall be clearly of the opinion that the petition ought not to be granted, they shall appoint a time and place of hearing and shall cause notice thereof in writing to be given to the first petitioner and to the owners of the land over which the same may pass, fourteen days previous thereto.

SEC. 3. Such notice shall be given to each owner in person or left at his usual place of abode, if he is known and resides in the State, otherwise to the person, if any, who has the care or possession of the land.

SEC. 4. If the owner is a person under guardianship, notice shall be given in the same manner to his guardian. If such owner is a minor or a person under any legal disability, the judge of probate may appoint a guardian for such person to whom notice shall be given.

SEC. 5.

Tenants for life or years and the owners of the remainder or reversion, shall each be separately notified as aforesaid.

SEC. 6. Upon affidavit of one of the petitioners that the owner of any land over which such road may pass, or his residence, is unknown or uncertain, such notice may be published three weeks successively in some newspaper printed in the vicinity, which shall be sufficient notice.

SEC. 7. At the time and place so appointed, the selectmen shall make a personal examination of the several routes proposed, and of the highways for which such new highway is designed to be a substitute, shall hear all parties interested who may attend, and any evidence they may offer, and may adjourn as they see

cause.

SEC. 8. Such selectmen may lay out such new road over any ground they may deem most suitable, and widen and straighten any highway as they judge proper, without regard to any intermediate limits or particular amendments described in the petition.

SEC. 9. Upon any petition for any new highway they may lay out the same across or over any existing highway; but no damages shall be awarded when the public have the same right of way, except for additional land taken.

SEC. 10. Highways may be laid out across any river or stream, except navigable tide waters; but no road or bridge shall be so constructed as to prevent the use of such stream or river for boats or rafts, and for running timber.

SEC. 11. Any real estate, franchise or easement of any corporation may be taken for a highway in the same manner as the real estate of individuals.

SEC. 12. Whenever the selectmen of any town or place or the road commissioners for any county in this State shall lay out any highway for the accommodation of an individual, they are authorized and empowered to lay the same out subject to the erection and maintenance of such gates or bars across the same as they may deem expedient and compatible with the interest of all concerned. (Laws of 1848, chap. 742.)

SEC. 13. Whenever the selectmen shall hereafter lay out a new highway or road for the use and accommodation of an individual, they may and shall, if they deem it proper and expedient in the case, lay out such road subject to the erection and maintenance of such gates across the same as they shall judge expedient and necessary; said gates to be erected and maintained at the expense of the person or persons for whose benefit the said road is laid out, as the selectmen shall order. (Laws of 1850, chap. 957, sec. 1.)

SEC. 14. Whenever in the judgment of the selectmen such gates shall become unnecessary, improper or inexpedient, by reason of the impediment thereof to the use of the roads, they may and shall, on petition therefor, after notice and time of hearing thereon given the person and parties interested, cause said gates to be taken away, and lay out such roads as open and free highways as in other cases, and assess such further damages to the land owners as they shall judge right and proper in the premises. (Laws of 1850, chap. 957, sec. 2.)

SEC. 15. The selectmen shall within thirty days make a return of every highway by them laid out, describing the same and the width thereof, and a like return of the alterations by them made in existing highways, with a particular description thereof, and cause the same to be recorded by the town clerk. (R. S., sec. 12.)

SEC. 16. Such selectmen shall assess the damages sustained by each owner of the land required for such highway, and insert the same in their return. Those of the tenant and remainder-man or reversioner shall be assessed separately. (R. S., sec. 13.)

SEC. 17. If the person to whom any damages should be awarded, is unknown, a particular description of the land, real estate or franchise taken for any highway, shall be inserted in the return of the selectmen, with the damages assessed to the owner, without naming any person. (R. S., sec. 14.)

SEC. 18. Where the selectmen, or any surveyor of highways appointed by them, or by the town, or any person acting under them, shall make, or cause to be made any alteration in any street or highway, by raising or lowering the same or making a ditch on the side thereof, whereby any dwelling house or other building, or any land adjoining, may be injured, the town shall be liable to pay the damages occasioned by such alteration. (Laws of 1848, chap. 725, sec. 1.)

SEC. 19. The owner or owners of such house, building or land, may apply in writing to the selectmen to assess the damages sustained by them, and it shall be the duty of the selectmen to appoint a time, notify the applicant, view the premises and assess the damages in the same manner as is provided, in chapter fortyninth of the revised statutes (this chapter) in case of laying out highways, and shall, within thirty days from the time of receiving said application, file the same, with their doings thereon, with the town clerk, who shall record the same. (Laws of 1848, chap. 725, sec. 2.)

SEC. 20. Any person so applying, who may think himself aggrieved by the assessment of damages made by said selectmen, or if said selectmen shall neglect for thirty days from the time of such application to assess said damages, may petition the court of common pleas for redress in the same manner as is provided in the ninth section of chapter fifty of the revised statutes, (sec. 9 of chap. 53 of this compilation,) and the same proceedings shall be had as are therein provided. (Laws of 1848, chap. 725, sec. 3.)

CHAPTER 53.

OF THE POWERS OF THE COURT OF COMMON PLEAS IN RELATION TO THE LAYING OUT OF HIGHWAYS.

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SECTION 1. Petitions relative to roads may be presented to the court of common pleas in term time, or to the clerk in vacation, in the following cases:

1. Whenever the selectmen shall neglect or refuse to lay out or to widen and straighten a highway in their town;

2.

When there shall be occasion to lay out a highway over land not in any town;

3. When there shall be occasion to lay out or widen and straighten a highway over lands in two or more towns, one of which is in the county where the petition is presented;

4. Whenever any town shall discontinue any highway laid out by the selectmen within two years from the time of such laying

out.

SEC. 2. Upon the filing of such petition with the clerk of the court in vacation, or with the court in term time, the clerk shall issue an order of notice to one of the petitioners, with a copy of said petition, returnable to the next term of the court, and said petitioners shall cause a certified copy of the same to be given to or left at the usual places of abode of one of the selectmen and the town clerk of each of the towns through which such road may pass, thirty days before the next term of said court.

SEC. 3. If such proposed highway may pass over lands not in any town, the court shall order notice to be given to the owner thereof, if known and residing within the State, by giving to him or leaving at his usual place of abode a like copy; and if he or his residence is not known or is uncertain, or if his residence is not within the State, by publishing such copy in some newspaper printed in the vicinity, three weeks successively, the last publication thereof to be thirty days before such court.

SEC. 4. If no sufficient objection shall be made, all petitions relating to roads shall be referred to the road commissioners of the county, except where the proposed highway shall pass over lands in two or more counties.

SEC. 5. In such cases the petition shall be referred to the road commissioners for all such counties, and they shall constitute a joint board; a copy of such petition and of the order of reference shall be furnished to the road commissioners of each county, and they shall make a joint report to the court of common pleas in each county.

SEC. 6. If any commissioner or commissioners are interested in any such petition, he or they shall not serve, but the vacancy or vacancies shall be filled by the court of common pleas in which such petition is pending, or by any judge of the superior court, or by any judge of the court of common pleas in the county in which the proposed road is situate, in vacation. (Laws of 1846, chap. 353 as amended by laws of 1850, chap. 996.)

SEC. 7. Any report of the road commissioners may for good cause be recommitted to such road commissioners, or the same may be accepted and judgment rendered thereon, establishing so much of the highway laid out as is within the county in which the said report is made, and no more.

SEC. 8. The road commissioners shall continue in office as to all proceedings commenced or pending before them, until the same shall be completed, unless the court for good cause shown shall refer the same to the road commissioners for the time being.

SEC. 9. If any person shall think himself aggrieved by the

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