collected, in such town, in the same manner as other town charges; ART. 1. but the monies to be raised in any such town, shall not exceed in any one year, the sum of two hundred and fifty dollars.3 $5. It shall be the duty of the commissioners of highways of each Mile-stones. town, to cause mile-boards or stones, to be erected, where not already erected, on the post-roads, and such other public roads in their town, as they may think proper, at the distance of one mile from each other, with such fair and legible inscriptions as they may think proper.1 their duty. $6. It shall be the duty of the overseers of highways in each town, Overseers, 1. To repair and keep in order the highways within the several districts for which they shall have been elected : 2. When so required by the commissioners of highways, or any one of them, to warn all persons assessed to work on the highways in their respective districts, to come and work thereon: 3. To cause the noxious weeds on each side of the highway within their respective districts, to be cut down or destroyed twice in each year, once before the first day of July, and again before the first day of September; and the requisite labor shall be considered highway work: and, 4. To collect all fines and commutation money, and to execute all lawful orders of the commissioners.5 S7. It shall be the further duty of the overseers of highways, once Ib. in every month, from the first day of April until the first day of December, to cause all the loose stones lying on the beaten track of every road within their respective districts, to be removed; and to cause the monuments erected or to be erected as the boundaries of highways, to be kept up and renewed, so that the extent of such roads may be publicly known." ment to be them. 58. When the quantity of labor assessed on the inhabitants of any New assess road district by the commissioners, shall be deemed insufficient by made by the overseer of such district to keep the roads therein in repair, it shall be the further duty of such overseer, to make another assessment on the actual residents in such district, in the same proportion, as near as may be, and not exceeding one third of the number of days assessed in the same year by the commissioners on the inhabitants of such district; and the labor so assessed by an overseer, shall be performed or commuted for, in like manner as if the same had been assessed by the commissioners of highways.7 $ 9. The commissioners of highways of each town, shall cause Guide-posts. guide-posts, with proper inscriptions and devices, to be erected at the intersections of all the post-roads in their town, and at the intersection of such other roads therein as they may deem necessary. 8 (3) 2R. L. 279, § 31. (4) Ib. § 32. (5) Ib. § 3. (6) Ib. § 15. (7) Ib. § 6. (8) Ib. § 34. $10. It shall be the duty of the overseers of highways of each town, to maintain and keep in repair, at the expense of the town, such guide-posts as may have been erected by order of the commissioners, within the limits of the districts for which they shall have been respectively elected or appointed." $11. The commissioners of highways, whenever they shall think it necessary or useful, may direct and empower any overseer of highways in their respective towns, to procure a good and sufficient iron or steel-shod scraper, and plough, or either of them, for the use of his road district; to be paid for, by the monies arising from commutations and fines within such district.10 $ 12. In case such monies shall be insufficient for the purpose, the deficiency shall be assessed by the overseers upon the inhabitants of the districts, in the proportion they are respectively assessed on the assessment roll of said town; and if any one so assessed, shall neglect or refuse to pay such assessment, the same may be sued for and recovered by the overseer.' 10 $ 13. If any overseer shall be employed more days in executing the several duties enjoined on him by this Chapter, than he is assessed to work on the highway, he shall be paid for the excess at the rate of seventy-five cents per day, and be allowed to retain the same out of the monies which may come into his hands for fines under this Chapter; but he shall not be permitted to commute for the days he is assessed. 11 S14. If any person chosen to the office of overseer of highways, shall refuse to serve, or if his office shall become vacant, the commissioners of highways of the town, shall, by warrant under their hands, appoint some other person in his stead; and the overseer so appointed, shall have the same powers, be subject to the same orders, and liable to the same penalties, as overseers chosen in town-meeting.12 $15. The commissioners making the appointment, shall cause such warrant to be forthwith filed in the office of the town clerk, who shall give notice to the person appointed as in other cases. S16. Every overseer of highways who shall refuse or neglect either, 1. To warn the people assessed to work on the highways, when he shall have been required so to do, by the commissioners, or either of them: 2. To collect the monies that may arise from fines or commutations: or, 3. To perform any of the duties required by this Chapter, or which may be enjoined on him by the commissioners of highways of his (9) 2 R. L. 281, § 34. (10) Ib. § 11. (11) Ib. § 3. (12) Ib. § 14. town, and for the omission of which, a penalty is not hereinafter provided: Shall, for every such refusal or neglect, forfeit the sum of ten dollars, to be sued for by the commissioners of highways of the town; and when recovered, to be applied by them in making and improving the roads and bridges therein. 12 ART. 2. cuted by ers. $ 17. It shall be the duty of the commissioners of highways of To be prose each town, whenever any person resident in their town shall make commissioncomplaint that any overseer of highways in such town, has refused or neglected to perform any of the duties enumerated in the last preceding section, and shall give or offer to such commissioners, sufficient security to indemnify them against the costs which may be incurred in prosecuting for the penalty annexed to such refusal or neglect, forthwith to prosecute such overseer for the offence complained of.13 neglect. $18. If such commissioners of highways shall refuse or neglect to Penalty for prosecute for such penalty, they shall, in every such case, forfeit the sum of ten dollars, to be recovered by the person who shall have made such complaint, and given or offered such security.13 ARTICLE SECOND. Of the Persons liable to work on Highways, and the making of SEC. 19. Who, and what property liable to be assessed for highway labor. 20. When commissioners of highways to meet. 21. Overseers to deliver list of persons liable to work on highway, to town clerk. 23. Town clerk to deliver lists received by him, to commissioners of highways. 24. Mode of proceeding to assess highway labor. 25. Copy of each list subscribed by commissioners, to be delivered to overseers. 27. Appeals by non-resident owners, to county judges. 28. Proceedings of judges thereon. 29. Commissioners to credit persons working private roads, with such labor. ble to be as. sessed.. $ 19. Every person owning or occupying land in the town in Persons liawhich he or she resides, and every male inhabitant above the age of twenty-one years residing in the town, when the assessment is made, shall be assessed to work on the public highways in such town; and the lands of non-residents, situated in such town, shall be assessed for highway labor, as herein after directed. 14 commission S 20. The commissioners of highways of each town, shall meet Meetings of within eighteen days after they shall be chosen, at the place of town- ers meeting, on such day as they shall agree upon, and afterwards at such other times and places as they shall think proper. 14 (12) 2 R. L. 274, § 14. (13) Laws of 1826, p. 229, § 6. (14) 2 R. L. 271, § 4; Laws of 1826, p. 228, § 1. VOL. I. 64 TITLE 1. Lists of inha bitants. Non resident lands, how appraised. Lasts of inhabitants. Proceedings in making $21. Each of the overseers of highways shall deliver to the clerk of the town, within sixteen days after his election or appointment, a list subscribed by such overseer, of the names of all the inhabitants in his road district, who are liable to work on the highways. 15 $22. The commissioners of highways in each town, at their first or any subsequent meeting, shall make out a list and statement of the contents of all lots, pieces or parcels of land within such town, owned by non-residents therein, through which any road in such town shall run, or which shall bound upon, or join any road; but no such lot, piece or parcel of land, shall be estimated to contain more than three hundred and sixty acres, considering the same as a square. Every lot so designated, shall be described in the same manner as is required from assessors, and its value shall be set down opposite to such description; such value shall be the same as was affixed to such lot in the last assessment roll of the town; and if such lot was not separately valued in such roll, then in proportion to the valuation which shall have been affixed to the whole tract of which such lot shall be a part. $ 23. The town clerk shall deliver the lists filed by the overseers, to the commissioners of highways of the town; who shall proceed, at their next meeting, or at some subsequent meeting, to ascertain, estimate and assess the highway labor to be performed in their town, the then ensuing year.15 $24. In making such estimate and assessment, the commissioners assessments. shall proceed as follows: 1. The whole number of days'-work to be assessed in each year, shall be ascertained, and shall be at least three times the number of taxable inhabitants in such town: 2. Every male inhabitant being above the age of twenty-one years, (excepting ministers of the gospel, and priests of every denomination, paupers, idiots, and lunatics,) shall be assessed at least one day : 3. The residue of such days'-work, shall be apportioned upon the estate real and personal of every inhabitant of such town, as the same shall appear by the last assessment roll of the town, and upon each tract or parcel of land, of which the owners are non-residents, contained in the lists made as aforesaid : 4. Upon such non resident tracts, there shall be assessed not more than one quarter of a day's labor, upon every hundred dollars of such valuation : 5. But no such non-resident tracts shall be assessed, unless the same will, in the judgment of the commissioners, be enhanced in value by the highway labor so assessed; and non-resident tracts shall (15) 2 R. L. 271, § 4; Laws of 1826, p. 228, § 1. in no case be assessed higher than residents are taxed for lands of ART. 2. equal value: 6. If after such apportionment, there shall be any deficiency in the number of days'-work determined by the commissioners, to be performed in their town, the then ensuing year, such deficiency shall be assessed upon the estates real and personal of the inhabitants of the town, according to the last assessment roll : 7. The commissioners shall affix to the name of each person named in the lists furnished by the overseers, and also to the description of each tract or parcel of land contained in the lists prepared by them, of non-resident lands, the number of days which such person or tract shall be assessed for highway labor, as herein directed, and the com> missioners shall subscribe such lists, and file them with the town clerk. lists. $ 25. The commissioners shall direct the clerk of the town to Copies of make a copy of each list, and shall subscribe such copies; after which, they shall cause the several copies to be delivered to the respective overseers of highways of the several districts in which the highway labor is assessed.16 ted, &c. F 26. The names of persons left out of any such list, and of new Names ongit inhabitants, shall from time to time be added to the several lists, and they shall be rated, by the overseers in proportion to their real and personal estate, to work on the highways, as others rated by the commissioners on such lists, subject to an appeal to the commissioners. 16 $27. Whenever any non-resident owner shall conceive himself Appeals by aggrieved by the assessments of any commissioners of highways, in carrying into effect the provisions of this Article, it shall be lawful for such owner, or his agent, within thirty days after such assessment, to appeal to any three judges of the court of common pleas of the county in which such land is situated. non-residents S 28. It shall be the duty of such judges within twenty days there- Proceedings. after, to convene and decide on such appeal, the said owner or agent giving notice to the commissioners of the time of the meeting of the judges; and their decision, or that of any two of them, shall be final and conclusive in the premises. Each judge shall be entitled to receive for his services on such appeal, two dollars for each day he may be employed thereon, to be paid by the party appealing, if the proceedings of the commissioners and overseers shall be affirmed; but if reversed or modified favorable to the party appealing, to be levied and paid as part of the contingent expenses of such town. S 29. It shall be the duty of the commissioners of highways of Private each town, to credit such persons as live on private roads, and work (16) 2 R. L. 271, § 4; Laws of 1826, p. 228, § 1. road |