The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-05-01

way in pelsoh or by bis substitute. Of with Il,
oxen, horses, cart and plough. al the rates and
prices the town shall ai6x u such labor. "a The
iUIl amount OF the sum at which he is assessed,
or rs may pay the surveyor 10 money the
SUN ne IS assessed, IA which case the surseyor
shall carefully expend the sums thus paid, IN
labor and materials tor repairing the highways
10 his limits, according 10 his best discretion.
And when The highways are blocked up. or
llcumbered with su0v,, - H. wall
iorth~sth cause 4, much thereof 10 be removed
or lrodden down as will render The roads pas
sable, and IN such way and manner as the
Iowa shall direct at their annual meeting; and
ID case Of any sudden injury to bridges or
highways he shall, without delay cause the
sauie to be repaired. And the surveyor. at
The expiration Of ms Term, shall render 10 the
assessors tor time being, Inst Of such persons
as shall have been deficient, (f any such thsre
be- Ia working out their highway rate, OF
Otherwise paying him the sum assessed there
tor, which deficient Sums shall by the asses.
sors be put 10 distinct coiunns I'D the next
assessment for the town tax, and collected by
the constable or collector thereof, as other
town taxes are collected, and paid into The
town treasury tor the use OF the town.
Seer. Il. BE Il further enucted, That the
surveyors thus chosen and sworn, shall ha, e
iali power and authority TO cut down, Top OFF,
dig up and remove all sorts Of trees, bushes,
stones, fences, rails, gales, bars Enclosures, OF
other matter or thing that shall any way strait
en-, hurt, hinder, or ,ncommode The highway,
and also to dig for stone, gravel, clay, marie,
sand or earth, Ia any land not planted or IN
closed, and The materials thus dug up to re-
move to such place or places IN tue highways,
tor the repair and amendment thereof as they
shall determine necessary Provided G!Idys
That no surveyor Vi highways shall cause any
water course occasloned by the wash Of any
highway to be SO conveyed oy Tue side OF such
highway as 10 Incommode any persons house,
store, shop, OF other buildings, or 70 oostruc
any rerson or persons IN the prosecution 81
bis OF her business or occupations, without The
appgo baton and consent OF Tie selectmen o.
such town Or other place signifed IN writn
10 such surveyor and any person or persen
who may consider him or herself 10 be az
gr.SAd- hy- sucn water course, may compiaiu
10 the seiectrea OF such town or other place
aud the selectmen oa receiving such CON-
plant, shall proceed 10 view such wafer course
so complained OF, and alter attending 10 the
circumstances Of the same, shall il they think
il reasonable, direct such surveyor to alter
the said water course IN such way and maa-.
ner, as they Shall think just and proper.
SECT. 10 Be q further enscted, That when
the SUN appropriated and assessed for the
repair u he highways IN the limits Of any
Parlicuisr Nrveyor shall not fully answer, or
be Insufficient Tor that purpose, it shall be
lawful for The surveyor, Win the consent OF
the selectmen, OR the nsjor part OF them,
where such deficiency happens, 10 employ
such OF the inhabitants Ut he town, upon the
repair OF The ways IN DIS limits, as shall make
up that deficiency ana the persons thus EN-.
Pioyed shall be equItaoly paid out OF The town
treasury therefor, or the Town may authorize
the surveyor 10 agree with the persons en-
ployed that for such labor they shall bs al.
lowed on The next highway TAX, or otherwise
compensated, as the town may have pre-
scrited.
SEC. 16. Be- tturtksr enacted, That every
town may at their annual meeting, or any
meeting warned for that purpose, authorize
their surveyors, or any other person or persons
to eLter iHlo any contract OF contracts for max
lug or repairing The highways within The same
or any part thereof aud may also empow er
their surveyors OF highways to collect taxes
for maAing aud repairing the ways which shall
not lie pard 10 labor or otherwise within the
time limited by law, or such periods as may
be agreed upon by such town, aud for that pur-
pose the assessors shall deliver 10 them war.
rants Of distress which shall bein form pre-
scsibed by law for collecting other town tax
Is, mutatis mutsndis or they may deliver to
he collector or collectors OF taxes warrant
for collecting the deficiency in any highway
tax which the collector is hereby empowere
and required to levy in the same way and man.
ner as other taxes are by law 10 be collected,
and pay the same over 10 the surveyor or sur
veyors, who shall be held 10 account with the
seIectmen for the expenditure thereof. And
ii any money shall remain unexpended in the
hands of the surveyor or Surveyors after the ex-
piration Of their Office, they shall pay the same
to line town Treasurer. And it any surveyor
shall neglect to pay over such sums to The said
treasurer upon demand, the said treasurer, or
BIZ. successor in that Office, shall have power
to recover the same, in an action upon the case
with twenty per cent, in addition thereto, to
the use of the town, with cost o. suit and if
pending the action, another town treasurer
shall be appointed, be, on noting his appear
ance on the record, shall have power TO pur-
SUE the same action to hnal judgment and ex-
ecuiion. And it any surveyor who shall re-
ceive bis rate bill of the seiectmen or asses
rora af any tnMn hall neuieci 10 exhihif The