Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1856-12-05

see. Z. lnls act snail take eueCt from lth
passage.
Approved, November IS, 1856.
No. 34.--AN ACT to provide for winter
roads.
II IS hereby enacted, &c.
Sec. |. Whenever any public highway,
used for travel, shall he obstructcd by snow, so
that travel therein shall be deemed impract-
icablc in the judgment of the selectmen Of any
town in which such highway is situated, said
seectmcn may in their discretion cause to he
imm diately laid out, opened and prepared for
travel some suitable and proper road in the
place Of said highway so obstructed, and to be
used for and called n winter road.
SEC. .. The sclrctmen on opening such
winter road shall forthwith give notice of
such opening to the owners Of any lands
through which such road may pass and up
Oh hearing had and notice to such lanl own
ers, shall award to each such sum for dam
ages occlsioncl by said winter road as shall
apuelr Just and reasonable. And if such
sum awarded shall be accepted the selcctmen
shall draw an order on the town treasurer
therefor
SEC. ;. Such winter road shall continue
and exist only during the then current season
Of travelling upon snow during which said
road shall be laid and opened by the select
men.
SIC. 4. The selectmen shall, Immediately
pom laying out any winter road as is herein
rOvided. certify and cause to be recorded in
he town clerk Office of the town in which
sail winter road shall be located, all their
proceedings in laying out and awarding dams
ages for such road.
SEC ). If any land owner shall not accept
the sum awarded for his or her damages for
the laying out of such winter road, such
person shall have all the remedies to obtain
his damages as are now provided by law for
cases where the award Of the selectmen in
the laying Of ordinary highways is not ac-
ceptcd, and which are provided by chapter
twenty two Of the compiled statutes
SEC. 6. This act shall take effect from its
passage.
Approved, November 18th, 1850
No. SAY ACT for the Draining of swamps and
other low lands.
L /, hsrsby fqar'si, s..
Src. |. Any person owning or possessing any
swamp or other lands within this State, who shall
be desrous to drain such land, and who shall deem
it necessary in order thereto that ditch, ditcheS
or outlet, should be opened through lands belong
ing 20 other persons, in case the owners of such
lands shall refuse to permit the opening Of such
ditch, bitches, or outlet through the same. may ap
ply to the sccctmcn Of the town where such land:
lie, who shall cause notice of such application and
the time for a hearing TO be served on the o
such lands at least ten days before the hearing.
SEC. ?. The selectmen shall attend at the time
and place specified in said notice, and shall person
ally examine tho premises and heal any reason;
that may be offered in regard to the question to be
submitted TO them.
SEC :. If, after taking all the circumstances into
Consideration, such sclectmen shall be of the
opinion, that the opening of such ditch, bitches o
outlet is necessary and proper they shall so certify
in writing, together with the exact location, size
depth, and slope Of such ditch bitches or outlet
and whether the benefits which will accrue or be
likely to to the owner of such lands from the
opening of such ditch, bitches or outlet will or will
not be equal to any damages that he Will sustain oi
be likely to sustain thereby.
SEC {. If such benefits shall be certified not to be
equal to the damages, the scectmen shall assess the
same, or such SUN as they shall think the owner
will sustain be likely to sustain beyond the bene
fits received likely TO be received, and certify the
same under their hands, in writing, and deliver
copy Of the same to each Of the parties Pr0videi
That if any person whose lands sou ;ht to be oc
cupied for the purposes aforesaid shall have al
ready constructed II ditch or outlet at his own ex
pense suited TO the objects Of the applicant, tbs
said secctmen shall assess sat plicants for sucl
sum only a. to them shall seem just and equitable
| SEC s. Such selectmen shall fix the time for th'
payment of any damages assessed by them, and als'
/ the time when the applicant may enter On suct
| lands to open such ditch, bitches or outlet Pro
| uIiti that no snch entry shall be made wheI
damages are assessed until such damages are paid
or ndercd to the persons entitled TO said damages
! SEC. &. If any person owning or interested il
lands through hich such ditch or outlet shall o'
/ opened shall be dissatisfied with the opening o
such ditch or outlet, as we'll as with the compensa
| ton for his damages he may make application b,
petition in writing to the county court in the SAINT
county at their next term, if there shall be time 70
| notice, if not. 1T the succeeding term, And an,
! number Of persons aggreyed may ioin in the petit
ion. And the petition. together with a citation fo
, that purpose, shall be served on the applicant al
least twelve days before the sitting Of the court
and the court shall appoint three disinteresed free
holders to be commissioners to inquire into the nee
| essty Of such ditch outlet, and the manner il
which the same shall have been located we'll a
the damages which may have been sustained by th
petitioner,
| SrC. 7. The commissioners shall give notice 4
the parties of the time when they will make sucl
enquiry and hear the parties; and on the report o
the commissioners the court may establish set asid
or alter such ditch or outlet shall appear Just
and may render judgment for the petitioner TO re
cover against the applicant such sum for his dana
| ges as shall be shown by such report to have bee
sustained and If the sum 40 allowed shall be great
er than was assessed by the selectmen, the cour
costs for the petitioner or may tax costs 70
either party, as shall appear just. And when ap
pcatlon shall be made TO the county court, as pro
viied in the preceding section, the opening of sue
ditch or outlet shall be ssysd until the decision
the county COURT and such court may hI the tim
for opening the same.
SIC. Such ditch, bitches or outlet may be a.
tered CT enlarged when in the opinion OF the select
men of the town in which such ditch, bitches or out
let is situated, such alteration or enlargement !
necessary and the damage therefor shall be assesse
in tie same manner as is provided in the precedin
sections Of this at for opening the same.
SEC g. After such ditch, bitches or outlet sha
have been opened, il shall be lawful for the sal
applicant his heirs and assigns, forever thereafter
from time to time as shall be necessary IN reason
abla manner to enter upon the lands, throug
which such ditch, bitches outlet shall have bee
opened for the purpose of clearing out and scourin
the same in such manner as to preserve the origin
al length, depth, and width thereof
SEC, To- Any person who shall dam up, obstruS
or in any way iniure any ditch, bitches or outlet
opened, shall be liable to pay to the person ownin
or possessing such swamp or other Ian
for the draining Of which such ditch, bitches {
outlet shall have been opened, double damages Il
such injury to be recovered before any urtprop'
to try the same
SEC. IL. The seleotmen shall cause their prt
ceedings certified a. aforesaid, to be recorded !
the town clerks ofhce in the town where such ditei
bitches or outlet are situated, which shall be notic
to all persons, of the person making sueh ditei
bitches or outlet.
Approved, November 18th, 1856,
No. s6-AN ACT defining the duties OF school di
trict clerks
I