Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1845-11-27

lage in this State, which has not BEEN Incorporated by
act of the Legislature, shall be deemed and taken under
the care, superintendent and control of the select men
of the town in which the same shall be situated, so far
as to enable the select men of such town to authorize
and allow the inhabitants of such village, or any of
them, at their own expense, to inclose with a fence,
and plant with trees andSshrubbery for shade or orna-
lment, such part of any such square or common, as pub
ic utility or convenience may require, with suitable
bars Or gates for foot passengers to pass and repass
thereon; and as far also to enable such select men to
sue and prosecute, for injury thereto, in the manner
hereinafter provided.
SEC. 2.-If any person or persons shall wilfully anC
without leave or license, from the select men of the
town in which any such public square or common may
be situated, destroy, throw down, or iniure any part o.
the fence, bars or gates incoslng the same, or cu
down, destroy, injure, or carry away any tree or trees
sbrubbery, or grass growing thereon, or do any dam
aye by subverting Or digging up the soil thereof, o.
turn any cattle thereon, the person or persons so com
hitting any of such acts, shall be liable to pay treble
damages for the injury thereby done and the selec'
men of such town shall have the right, and are hereby
empowered, in the name of such town, to institute
maintain, and prosecute to final judgment an action o
trespass for the recovery of such damages before any
court proper to try the same; which damages, when re-
covered, after deducting the reasonable expenses in
Cured, ifany, over and above the cost taxed and allow
ed in such suit, shall be applied in repairing such
squares or common, or otherwise improving the same.
Approved Oct. 81, l845.
No. 13.-An Act to faciitat the rendering turn
pike roads free roads. 1t is hereby enacted, &c.
SEC. lon the application of the agentof any turn
pike company within this state, it shall be the duty Of
the turnpike inspectors in their respective counties tC
divide such turnpike roads into sections, apportioning
to each gate, if there be more than one, an equal part
having regard to the expense of making and keeping
the same in repair,
Sec. 9. 1t shall be lawful for any town or towns tc
purchase of said turnpike company the whole or any
section or sections of such turnpike road so divided
situated within the limits of said town or towns, for the
purpose of rendering the same free, and t~hereupon sucl
road, o~rsection or sections of such road so purchased
shall cease to be corporate property and become q
county or town road, as the case may be.
SEC. 3. The town or towns so purchasing said road
may, Unnecessary to effect the object proposed, demand
and 1eceive'the legal toll, at the gate Or gates on the
road so purchased, until the same shall reimburse the
purchase money, they assuming all the duties and LA
bilities Of the original corporation; Provided that such
right of toll shall in no case exceed the term of five
years from the time of such purchase.
Sec. a. The powers vested in the supreme and
county courts by the Act entitled, an act relating tC
highways" passed Nov. 10, 1889, to lay a highway on
the whole of any turnpike road shall extend to the lay
ing of a high way on any section or sections of any
turnpike road so divided as aforesaid, any thing in the
said act to the contrary Notwithstanding.
Approved Oct. q, lS45.