St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1882-12-08


cOmplainans shall also give said commissioner security
Dy aePo;t Or TPs he eommissonsr
receiving said complaint land deposit or other security
snd also ne or Of the persons ding said
complaint, of the time and place when and where sad
OF said highway bridge and for hearing upon said
complaint; in pursuance of which notice SAID cornms-
way bridge and hear all parties interested as to the
condition OF said highway or bridge and the repairs
neeesSIy 70 a1e Sad on, Smon, reour eS
for said REPAIRS And If, after such examination and
hearing, said commissioners shall De OF the opinion
that said highway or bridge is out OF repair or unsafe
for travel they shall determine what repairs rebuild
ing, new constructions are necessary and shall M
the amount required therefor; and they shall make
written report OF their finding which report shall CON-
tain full description of the repairs or construction by
required therefor, and shall conclude with an order
requiring said town TO make such repairs or construc-
tons within such reasonable time as they shall de-
termine upon which time shall not exceed thirty days,
unless in the opinion of said commissioners it is mprac
tcable complete said work in that time. And said
commissioners shall forthwith file said report in the
office Of the county clerk OF the county in which said
highway or bridge is situated, and deliver copy of
said report to of the selectmen of said town. and
said report shall be final and conclusive the
sary repairs and the amount required therefor
SEC. a. Section three thousand one hundred and
two of the revised laws is hereby amended so to
AT the expiration the time limited for said repairs
it shall be the duty of said commissioners, without fur
Their complaint upon such notice TO the town they
may consider reasonable ascertain if their order has
been complied with by said town. and if they find said
commissioners shall forthwith appoint agent to
pend upon said road the amount liked in Their rePo5t
psrfasassss duties, and shall file in the office of
has been complied with and that judgment should
be entered up again said for the amount named
in the report and giving the of the person ap-
pointed their agent expend said amount said
clerk shall thereupon enter up judgment in favor of
said commissioners against said town for the amount
named in said report with costs, and shall issue
ton therefor reurnable in thirty days from the date of
said judgmen in which execution the officer collecting
Judgment to the agent appointed BY said commission
SEC. B. Sections 3Io3 and 3Ios of the revised laws
are hereby repealed.
SEC; q section 3I.I Of me revised laws is hereby
This act shall not release towns from liability for
cuvert sluice. If special damage happens to per-
SON his team carriage, or other property by means of
vert or sluce, which the town is liable to keep in
repair the person sustaining the damage may recover
the same in an action on the case; and the amages
accrue in consequence of the insufciency want of
repairs of bridge erected and maintained by two
towns the action shall be brought against all the
liable for the repairs of the same and the dam
ages and shall be paid by the towns in the proper
tions in which they liable for the REPAIRS and the
in its discretion issue execution against each
town fer its proportion only. But no person shall
recover against town other corporation for such
damage, sustained in consequence of the passing
any bridge, culvert sluice, of carriage bearing
load exceeding ten thousand pounds in weight. No
action shall be had maintained in any against
a town for injuries received damage sustained
through the nsuicency of bridge, cuvert sluice
unless notice is first given in writing, signed by the
party injured claiming damage to one more of
the selectmen of the town which the BRIDGE culvert
sluice is situated, within twenty days of the time of
the occurrence of such injury damage stating the
time when and the place where the injury was received
and pointing out in what respect the bridge cuvert
suice insufficient of repair and stating that
such person will claim satisfaction of the town. The
notice shall also contain description of the injury
received or damage sustained by the person so
claiming damage, and if bodily injuries are claimed
the part of the body injured shall be stated, with
the extent and effect of the injury upon the
health of the person SO injured but the pro-
visions of this section in relation notice shall not
apply to where the person injured is in
quence thereof bereft of reason But in all cases
where notice is given the law required time
the injury occurred such notice shall be held sufficient
by the court.
Approved November 2o 1882.
No. r4.-An act concerning the laying out of high
ways
1t is hereby enacted, etc.
SEC. I. When application is made to the county
court under the provisions of section zo44 the revised
aws, refusal of the selectmen lay out highway,
and commissioners appointed by the court to in
el2