Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1882-12-18

compliments shall also give said commissioner security
by deposit otherwise for the costs of proceedings
recevnp said eomnant and deposit or other securitvl
shall forthwith notify of the selectmen of such
complaint of the time and place when and where said
board of commissioners will meet for the examination
OF said highway or bridge and for hearing upon said
complaint; pursuance of which notice said commits
sioners, majority of them shall examine said high
way bridge and hear all parties interested the
condition OF SAID highway or bridge, and the repairs
necessary to make said highway or bridge safe and
convenient for public travel and the amount required
for said repairs. And if, after such examination and
hearing, said commissioners shall be of the opinion
that said highway bridge is out of repair unsafe
for travel they shall determine what repairs, rebuild
ing, constructions necessary and shall fix
the amount required therefor; and they shall make
written report of their nding which report shall CON
tain full description of the repairs construction by
them determined upon, and statement of the amount
required therefor and shall conclude with an order
requiring said town make such repairs 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 to complete said work in that time. And said
commissioners shall forthwith file said report the
Office of the county clerk of the county in which said
highway bridge is situated, and deliver copy of
said report of the selectmen of said town. and
said report shall be final and conclusive as to the
sary repairs and the amount required therefor.
SEC 2. Section three thousand hundred and
two of the revised laws is hereby amended SO as to
read as follows:
At the expiration of the time limited for said repairs
it shall be the duty of said commissioners without
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
has failed do the work ordered by them said
commissioners shall forthwith appoint an agent to
pend upon said road the fixed in their report
taking from him sufficient bond to secure the faithful
performance of his Duties and shall file in the Office of
said county clerk certificate, stating that their order
has not been complied with and that Judgment should
be entered up againse said for the named
in the report and giving the of the person APP
pointed their agent expend said amount; and said
clerk shall thereupon up judgment in favor of
said commissioners against said town for the
named in said report with COSTS and shall issue execu
he daf nf
said Judgment. in which execution the officer collecting
the same shall be directed to pay the amount of said
judgment to the agent appointed by said commission
ers, and the costs to the county clerk.
SEC. 3; Sections 3Io3 and 3ro5 OF the revised laws
SEC A. Section srII of the revised laws is hereby
amended SO as Dread as follows:
damages arising from the insufciency of any bridge
culvert sluce If special damage happens to per-
the nsuciency or Want of repairs Of any bridge cul
suice. 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 insuflciency of
repairs OF bridge erected and maintained by two or
towns liable for the repairs of the same, and the dam
ages and costs shall be paid by the towns in the proper
tons in which they liable for the repairs; and the
may in its discretion issue execution against each
town fer its proportion only. But person shall
recover against town or other corporation for such
damage, sustained in consequence of the passing on
any bridge, culvert sluce of carriage bearing
load exceeding ten thousand pounds In weight No
action shall be had maintained in any against
a town for injuries received or damage sustained
through the nsufcency of bridge, culvert sluce
unless notice is first given in writing, signed by the
party injured claiming damage to more of
the selectmen of the which the bridge culvert
sluice 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
and pointing in what respect the bridge cuivert
suice insufficient out 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
Of hrdxy srfnr he 81
the extent and effect of the injury upon the
health of the person so injured; but the pro-
apply to where the person injured is in conse-
/ quence thereof bereft OF reason. But in all cases
the injury occurred such notice shall be held sufficient
Approved November ao 1882.
No. I4.-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 ao44 of the revised
laws refusal of the selectmen to lay highway
and commissioners appointed by the court to in.
qure into the convenience and necessity Of such high
the petitioners or some Of them viii be especially ben
Gifted by the laying out of such highway, may make
their decision to lay out such highway conditions
benefited, of such sums as such commissioners ma,
think proper toward the expense of laying out anc
constructing such highway and shall include state
ment of the names of the parties benefited and tn,
amount apportoned to each, in their report thu
SIC a. The county court may affirm or reject s,
much of the report makes the laying of tn
the expense by petitioners especially to be benefited
And if the court arms the report in such particulars
the order laying out such highway shall be conditional
upon such payment to the town within time to b
fixed in such order
SEC g. This act shall take effect from its passage
Approved Nov. 2s, 1882
!, No. Is.-An act for the protection of highways
!, | 1t is hereby enacted. ETC.:
SEC l. If person, after having been requested no
do SO by majority of the selectmen of the
wheel of vehicle used on such highway, or uses
shoe less than two and one-half feet long and
inches wide on such wheel or brake tight a
stop the revolution of such wheel and damage result
to the highway by reason of the use of such chain
may repair the damage caused and recover the ex
OF such repairs with COSTS OF the person causing
SEC. This shall take effect from its passage
S Approved Nov. az, 1882.
No 16An act in addition to chapter 14o OF the revise
A laws of Vermont.
{ 1t is hereby enacted, ETC.:
itself excessively burdened by being required bull
and maintain any highway or bridge being wholly
such town. or when such town shall be under the
sity of rebuilding any bridge highway in such
which bridge or highway such town is bound bull
this state vicinity shall be deemed to be benefte
and accommodated by the and travel by its in
such So hgbbmay 81 Ddg although
: county from that in which such highway or bridge
to be made or rebuilt, such town so burdened may
its selectmen petition the county court of the
county in which such highway bridge to be mad
or rebuilt, for the appointment of commissioners az
in the premises; and the county cosrt and the commits
soners shall in all things proceed directed in section
o75 ao76 and ao77 of the revised laws of Vernon
f providing for where the town so burdened an
# the town benefited lie in the same county
d SEC Service of the petition and citation in sue
cases. shall be made upon the defendant town by deli
o erng of the seectmen of the defendant town
and attested copy of the original petition and
ton at least twelve days before the term of the
n yyb
6 SEC. 3. This act shall take effect from its passage
/ Approved November 2o, 1882.
No. I7-An authorizing seectmen to purchase roa
70 machines.
If The selectmen of any town in this state may pu
o chase road machines at expense of, and for use il
their respective towns, and in making the hghws
n rate bills may lessen the rate per of highws
If taxes that the aggregate of highway taxes ar
4 required by law be raised for highways Provide
that the seectmen shall not be authorized dedu
the expense from the highway tax, of more than OF
d road machine in any one year.
d Approved November as, 1882.
o No re-An act in amendment of section aos7 chapt
y I4I of the revised laws, relating COMPENSATION
,e labor on highways
SEC 1-Secton 1857 chapter I4I of the revised Law
s is hereby amended SO as to read as follows:
" Each person who shall furnish work the ighw;
in paymen- of his highway assessed by the selec
or men, shall be allowed for good hand at the rate
il fifteen for each hour, and the several
r selectmen may establish the price to be allowed
er teams and tools employed in making such repairs.
Approved Oct. II, 1882.
No. 1o.-An act relating to text books
1t is hereby enacted, etc.:
40 SEC. I. The books recommended blythe text boo
committees of the several towns in 1870 to be used
the public schools together with text book phys
d oogy and hygiene be elected shall be the auho
lied books to be used in such schools until Novemb
1885, and the in public schools of any other
books except books of reference shall be unlawful
= except as hereinafter provided.
IF SEC. The text book committees selected in Il
ID several towns at the annual town meetings in 1888
shall make contracts with the publishers of the boo
le now recommended and used in such towns which
h tracts shall be in writing and which shall fix the pr
II at which all books the subjects required by law
id be taught in the common schools shall be furnished
h such towns for five years from and after November
y 1884, If the text book committee of any town cam