Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1882-12-13

he board of commissioners will meet for ~ -
oI sag highway or bridge and for hearing upon sal
he SPdnt IN pursuance OF which notice said commits
sloners or majority Of them shall examine said hgb
way or orid ge and hear all parties interested as To- n
IN eohuoh oil SAID highway or bridge, and the repar
s. necessary to make said highway or bridge safe an,
convenient for public travel and the amount re0urf
or SAID repairs And if, after such examination ant
nearing, said commissioners shall be of the onnir
hat SAID highway bridge is out OF repar or ,nsaf
Is ;o, rney snal uetermine what repairs rebuild
is ny VI new constructions are necessary. and shall
tne amount required therefor; and they shall make
Y % LPoI OF their binding, which report shall con-
II .s iu description OF the repairs construction by
them determined upon, and statement of the amoun,
required therefor and shall conclude with an order
is eqnS sdld town to make such repairs or constuc-
it lons within such reasonable time as they shall dc
letmlne upon, which time shall exceed thirty DAYS
e unless IN the opinion OF said commissioners IL is
ucable TO 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 Witch
n nghway or bridge is situated. and deliver conv Of
sad report to Of the selectmen of said town
ad report shall be final and conclusive to the neces
sary repairs and the amount required therefor.
oEt' a., section three thousand hundred and
@o ol the revised laws is hereby amended so as to
Al the expiration of the time limited for said repairs
snail be the duty Of said commissioners without
ter complaint, upon such notice town as they
consider reasonable to ascertain if their order has
oeen complied with by said town and if they find said
comn mas Tailed TO do the work ordered by them said
commissioners shall forthwith appoint an agent to
pend upon said road the amount fixed in their renort
taxing from him sufficient bond secure the faithful
performance Of his duties and shall file in the ofce If
SAID county clerk certificate stating that their order
mas not been complied with and that judgment should
De entered up against said town for the amount named
IN the report. and giving the of the person an
pointed as their agent to expend said amount; and said
clerk shall thereupon enter up Judgment in favor 90
sald commissioners against said for the amount
named IN SAID report with costs and shall isSue excr
on neteor returnable in thirty days from the date of
SAID Judgment, in which execution the officer colectng
inc same shall be directed to pay the amount of said
judgment to the agent appointed by said commission
ers, ana the costs TO the county clerk.
are hereby repealed ''O' WV 'e'''eu laws
|
amended so as TO read follows; ~
ms act shall not release towns from liability for
i arising from the lnsufhciency of any bridge
culVert or sluice If special damage happens to a per
son ms team carriage other properly by means of
e lhsuHGency or want OF repairs Of any bridge Gull
vert or siuce, which the town is liable to Keen in
repair the person sustaining the damage NAV recover
he same in an action on the case; and il the amapes
accrue in consequence of the inSucencv or want of
repairs OF bridge erected and maintained bv two or
more towns the action shall be brought against ali the
towns liable for the repairs of the same and Tho -
ages and costs shall be paid by the towns in Tho nro
tons in which they liable for the REPAIRS and tho
court may IN It's discretion issue execution against each
town Tor ITS proportion only But no person shall
recover against town other corporation for sncb
damage sustained in consequence of the passing on
any oridke culvert or sluce of carriage bearing a
load exceeding ten thousand pounds in weight No
action shall be had maintained in any court apans
a town tor injuries received or damage sustained
through the nsufhciency of bridge, culvert or sluce
unless notice is first given in writing signed nv the
% So INJURED or claiming damage to more Of
or suice situated, within twenty DAYS of the time nj
me 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 culver or
suce was insufficient of repair and stating that
such person Will claim satisfaction of the town The
notice shall also contain description of the o,
received or damage sustained BY the person 80
Claiming damage, and if bodily injuries are claimed
the part of the body injured shall be stated wb
me extent and effect of the injury uron the
health health. Of the person so injured but the pro-
VISIONS OF TINS section in relation notice shall not
apply to case where the person injured is in consc
qIence thereof bereft Of reason. But in all cases
the injury occurred, such notice shall be held SUFFICIENT
by the court,
Approved November 40, 1882
No. IAN act concerning the laying out of high
1t is Hereby enacted, etc.
SEC l. When application is made to the county
court under the provisions of section 2o44 of the revised
laws, on refusal Of the selectmen Law out highway
and commissioners appointed BY the court In H.
qu1e INTO the convenience and necessity of such high
way such commissioners if they are Of oDinon tRat
the petitioners OF them will be especially hen
ehted by the laying out Of such highway, NAV make
their decision to lay out such highway cond;tonaI
upon the payment by such petitioners especially TO be
benehted, OF such sums such commissioners NAV
THINK proper toward the expense of laying out and
constructing such highway and shall include state
ment OF the names OF the parties benefited and the
amount aPportloned to each in their report to the
SEC, z. The county court may affirm or reject so i
nuch OF the report as makes the laying out of the
eonditionaI upon the payment OF any part of
me expense by petitioners especially be benefited
And the court afrms the re port in such narciaTe
e ofoer laying out such highway shall be conditional
upon such payment to the town within time to be
liked in such order,
SEC This act shall take effect from its passage
Approved Nov a8, 1882,
No. IS An act for the protection OF highways O
1t IS hereby enacted, etc: a.
Shc l; II person, after having been requested NOT
10 do SO by majority of the selectmen of the town mr.
owns !n naoie to keep highway in repair, chains d
%hee OF vehicle used on such highway or uses ii
shoe less than two and onehalf feet long and sever h
nsnes %ioe on SIeh wheel or sets brake tight
% the highway by reason of the of such chain s.
shoe or brake the selectmen of such or towns b.
nay repair the damage caused and recover the ex
he damage. ~
SEC This shall take effect from its passag. e.
Approved Nov az, 1882 m
No. I6An act in addition chapter 40 OF the revised in
laws OF Vermont. 30
[ is hereby enacted, etc: in
sEe. l.. Whenever any town in this state shall deem m
se excessively burdened by being required 10 hiid RI
nd maintain any highway or bridge being wholly in III
lch town or when such town shall be under the neces sh
y of rebuilding any bridge or highway in such ,oIn ia
'hch bridge highway such town is bound 70 b,,;J 90
nd MAINTAIN, and when any other town or towns in ne
ms state or vicinity shall be deemed be benefited
ma accommodated by the and travel by its in re
abitants over such highway or bridge although such
'wn or towns so to be benefited may be in different
Dunty IRON that IN which such highway or bridge is
be made or rebuilt such so burdened NAV nv y,
selectnen petition the county court of the same
ouny IN which such highway bridge to be made 1t
ieoult or the appointment OF commissioners to act
the premises and the county court and the commits en-
Hcls shall III lungs proceed directed
100 2o7s 97o 2o7 OF the revised laws Vermont us
rovldng for cases where the so burdened and S
re town so benefited lie in the same county chi
SEC a. Service of the petition and citation in such rer
Uses shall be made upon the defendant BY deliv
ing to one OF the selectmen of the defendant town sb5
ue and attesed copy OF the original petition and ca moi
on at least twelve days before the term of The court So
which they returnable sal
SET. g. This act shall take effect from its passage he
Approved November a9, 1881
~ An authorizing selectmen to purchase road ea,
is hereby enacted, ETC.: ,be
he selectmen OF any town in this state may pur- ali
ase road machines, at expense of and for use in wit
cir respective towns and in making out the highway If
tie bills, may lessen the per cent of highway tio
pense OF road machine shall exceed the amount Off
CURED by law to be raised for highways Provided us
at the seectmen shall not be authorized to so deduct
expense from the highway tax of than one par
ad machine in any year. M,
Approved November %, 1882 of
IS An act in amendment of section 3os7 chap,cr Sba
~ OF the revised laws relating to compensation for ma,
abor on highways. s
is hereby enacted, etc: in =
SEC section 3os7, chapter of the revised laws as
hereby amended SO as to read as follows aud
Zach person who shall furnish work on the highway NJ
paymen OF his highway tax assessed by the select ton
n, shall be allowed for good hand at the rate Of 81
each hour and the several towns at ,sn
r annual meeting and in of their neglect the cha,
cctmen may establish the price TO be allowed for exn,
ms and tools employed in making such repairs oft,
approved Oct. ~, 1882. g.
. I9.-An act relating 10 text books al
S hereby enacted, etc:
nc. 1. The books recommended by the text hook No.
nmttees OF the several towns, in 1870 ba used in OF
public schools together with text book on phvsi 1t is
gy and hygiene to be elected shall be the author Sc
books to be used in such schools until November Conn
$50; and the public schools of any other text for
ks, except books of reference shall be unlawful each
ept as hereinafter provided nate
&c. 2 The book committees selected in the Sal
eral towns at the annual town meetings in ,s8, ton
make with the publishers of the books such
recommended and used in such towns which CON tary
shall be in writing and which shall fix the nrce shall
hch all books the subjects required by law to SEC
aught the schools shall be furnished to shall
towns tor five years from and after November than
II the text book committee OF cannot remit
I'm satisfactory prices from such publishers or any prope
rem, in that any such text book committee SEC
recommend another list OF books in place of those shall
for which satisfactory prices cannot be obtained the
shall then make contract as herein provided with office
publishers of such other text books ner as
C. J. The several text book committees shall SEC
re November 1884, make suitable arrangements Apr
one or more persons in such towns who shall keen
sale the text books for and such nersop No