Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1849-05-11

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VI o6sfructions TO highavq,js. epcro1ch.
mems MeTeon, and penalties,
Sec. SIS. Whoever shall wilt,uv obs,r,o,
highway, or fill up, place any obstruction in any
ditch constructed for draining the water from, arS
highway, shall forfeit for every such offence sun,
not exceeding twenty five dollars; and the oyerseer
OF the proper district, shall cause such obstruction
immediately to be removed.
Sec. 60. In every case where q highway shall
have been laid out and opened, and the same has
been or shall be encroached upon BY any fence,
building or other fixture, the supervisors sha n make
all ORDER under their hands, requiring the occupant
OF the land through or by which such highway
runs, and TO which such fence, building, or other
hHture shall be appurtenant, TO remove the same
beyond the limits Of such highway, within thirty
GAYS ana they shall cause copy of such order TO
De served upon such occupant; and every such Or
Der snail specify the width of the road the extent
OF the encroachment, and the pace or places in
which the same may be with reasonable certainty,
Sec 81 If the fence, building or other fixture
| causing such encroachment shall not be removed
| within thirty days after the service of copy Of
such order, such occupant shall forfeit the sum of
htv cents for every day after the expiration of that
| time. during which such encroachuent shall con.
! tinue.
Sec So, IL the occupant upon whom copy of
such order shal! be served, shall DENY such en-
/ enactment, the supervisors or some one of them
shall apply TO some justice Of the peace of the
county Tor precept which shall he issued BY such
Justice, directed 10 any constable OF the courty,
! commanding him 10 summon six disirteresied Free
holders thereof, 10 meet al certain day and pace
and hot less than four days after the issuing thereof
to inquire into the premises and the constable 10
! whom such precept Shall be directed, stall give
al least three days notice TO of the supervisors
OF the town, and 10 the occupant OF the land OF the
ilFne and Pja:e at which such ireehoiders are TO
meet
Sec. 50. On the day specified in the preccpt the
jury 50 summoned SHALL be sworn by such Justice
well and trulyto enquire whetherany such encroach-
| ment has been made described in the order OF
the supervisors and by whom; ard the witnesses
produced by either party shall be sworn by the
justice and the jury shall hear the proofs and allie
cations which may be produced and sub mtted to
Ihem' and IN case any person summoned as u.
TOR shall not appear, or shall be incompetent, his
place may be supplied by taIis.nan as in other
cases.
Sec 90 IF the jury find that any such cncroach.
ment has been made by the occupant of the land,
or any form er occupant thereof hey shall make
and subscribe certificate in writing, OF the Dartc.
ulars OF such encroachnent, and by whom made,
" h'ch shall be fled in the Office Of the town clerk;
and the occupant of tie land, whether such en-.
croachment shall have been made by him. or any
former occupant, shall remove the fence building
thirty days after the filing Of such certificate under
penalty OF fifty cents for each day, after the expi
ration oil the tine during which such cncroach>
nent shall continue
Sec. 81. II the jury find that any such cncroach-
fncnt has been made as aforesaid The occupant
shall pay the costs of ouch enquiry and if the came
shall not De paid IN ten days, the justice shall issue
an execution for The collection thereof directed to
any constable of the county, commanding him TO
law Cttgkc and a.
and chattels of such delinquent, and make return
thereof 10 such justice within thirty days from rs
date; and the justice. coustables, Jurors ard viii.
nesses shall be entitled 10 the same compensation
as Tor other similar services in proceedings before
justices Of the peace.
Sec %. If the jury find that no cncroachment
has been made, they shall certify, and shall also
ascertain aud certify tie damages which the then
occupant shall have sustained By such proceedings;
which damages together with tie costs Of The pro.
ceedinss, shall be paid by the supervisors, and
shall be charge in their favor against the town
in which they shall have been elected
SEC. 90. No person shall be required TO
remove any fence under the above provs-
ions, except between tho first day Of Mo-
vcmher and the first day of April, unIes tho
same shall have been made within three
months mex, before the making Of the or
der for the removal thereof.
See. %. II any tree shall fall or he fall
en- by any person from any occupied land
into any highway, any person may give
notice TO the occupant of The land from
which such tree shall have fallen, to remove
the same within twenly-four hours: and
If such tree shall not be removed within
that time, bat shall continue i'll such high
way, such occupant shall forfeit the sum Of
fifty cents FOR every day thereafter until such
tree shall be removed; but The amount 50
forfeited shall no: exceed ten dol ars for
one tree.
Sec. 95. In case any person shall cut
down or fall any tree en- enclosed land not
occupied by him, so that it shall fall into
any highway, unless by the order or con-
sent of 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; but the amount to be recovered
shall not txreed twenty dollars for one tree.
Sec. 90. Whoever shall obstruct tho
navigation Of any river or stream which
now is or may hereafter be made raviga~
bic by falling any tree therein, or putting
into any river or stream so declared pub
lie highway, any refuse lumber, slabs, or
ether waste materials, on conviction there
Of shall forfeit the sum Of five dollars for
any such offence: and shall be further liza
bic for all damages that may accrue on the
account CT such obstruction.
Of The erection, repairing. and preSerra-
ton Of bridgcs.
Sec. 81. Whenever it shall appear 10
the board of supervisors Of any county,
that anv one of the towns in such county
would be unreasonably burlhened, by
erecting or repairing any necessary bridge
or bridges in said town, such board Of SUI
pervisors may cause such sum to be raised
ami! levied upon the county, as will be suf~
ficieni 10 delray the expenses of erecting
or rePang such bridge or bridges. or such
part Of such expense as they NAV deem
proper; and such moneys when collected.
shall be paid 10 the town treasurer of the
town in which The same are to he expended
10 he applied by the supervisors of such
town 10 the purposes for which the same
were raised.
Sec. S. No board OF supervisors shall,