Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1882-12-13

receiving SAID complaint land deposit or other security
SHAH forthwith notify Of the selcctmen OF sucl
town, and also one or more OF the persons filing sale
complaint, OF the time and place when and where sale
OF said highway bridge and for hearing upon sale
complaint; in pursuance Of which notice said commits
sioners or majority Of them shall examine said high
way or bridge and hear all parties interested to Tho
condition Of said highway or bridge, and the repain
necessary to make said highway or bridge safe and
convenient for public travel, aud the amount required
for said repairs. And IT, 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, rcbtd-
ing, or new constructions necessary. and shall hS
the amount required therefor; and they shall make
written report of their finding, which report shall
tain full description OF the repairs Construction by
required therefor, and shall conclude with order
requiring said town to make such repairs construe-
tons within such reasonable time as they shall de-
termine upon, which time shall exceed thirty days,
unless in the opinion of said commissioners it is imprac-
tcablc 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 which said
highway OF bridge is situated, and deliver copy OF
said report to one Of the selectmen OF said town. and
said report shall be final and conclusive the
sary repairs and the amount required therefor.
SEC. o.. Section three thousand one hundred and
two OF the revised laws is hereby amended TO
read as follows
AT the expiration OF the time limited for said repairs
II shall be the duty OF sa commissioners without
ther complaint, upon such notice to the town they
been complied with by said town. and they find said
town has failed to do the work ordered by them said
comm ssioners shall forthwith appoint an agent 10
pend upon said road the amount fixed in their report
taking from him sufficient bond to 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 against said town for the amount named
in the report, and giving the of the person APP
pointed their agent to eNpend said amount; and SAID
clerk shall thereupon enter up judgment in favor OF
said commissioners against said town for the
named in said report, with costs and shall issue
ton therefor eurnabe in thirty days from the date Of
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
efs, and the costs to the county CLERK
SEc. }. Sections 3ioJ and 3io5 of the revised laws
Sac. 4. Section ,tit of the revised laws is hereby
amended SO as to read as follows;
This act shall not release towns from liability for
damages arising from the nsuiicency Of any bridge
culvcrt sluce II special damage happens to a per
SON his team, carriage other properly by OF
the insutfciency want Of repairs Of any bridge eul-
vert or srice which the town is liable TO Keen in
repair the person sustaining the damage may recover
the same in an action the case; and II the damages
accrue in consequence of the nsuficencv or want Of
repairs OF bridge erected and maintained by two or
more towns the action shall be brought against all the
towns liable for the repairs OF the and the dam
and costs shall be paid by the towns in the pronor-
tons in which they are liable for the repairs and the
may In its discretion issue execution against each
town for its proportion only. But person shall
recover against town other corporation for such
damage sustained In consequence Of the passing on
any bridge, culvert suice of carriage bearing
load exceeding ten thousand pounds in weight. No
action shall be had or maintained in any court against
through the insuciency Of bridge. culveri sluice
unless notice is srst given in wriling signed by the
party so injured or claiming damage, to Of
the seectmen of the town in which the bridge culvert
suce is situated, within twenty days OF the time Of
the occurrence Of such injury or damage, stating the
time when and the place where the injury received
and pointing out in what respect the bridge culvert
sluce 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 damage sustained by the person so
claiming damage. and II bodily injuries arc 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 to notice shall not
apply to a where the person injured is in consc-
quence thereof bereft Of reason. But in all cases
the injury occurred such notice shall be held sufficient
by the court
Approved November 40, 1854.
No. r4.--An &C, concerning the laying out of high.
1t is Hereby enacted, etc:
Sac. When application is made to the county
under the provisions of section ao44 of the revised
laws refusal of the selectmen TO lay highway
and commissioners are appointed by the to in
qure into the convenience and necessity OF such high
way, such commissioners, II they Of opinion that
the petitioners OF them will be especially ben
ehted by the laying out OF such highway, may make
upon the payment by such petitioners espeeiav to be-
benefited, Of such sums as such commissioners may
think proper toward The expense of LAYING Out and
constructing such highway and shall include a state
ment of the names Of the parties benefited, and the
amount apportioned to each, in their report the
SEC. a. The county court may affirm or reject SO
much OF the report as makes the laying out OF the
the expense by petitioners especially to be benefited
And If the court afrms the report in such particulars
upon such payment to the town within time to be
fixed in such order.
SpJ,o, 81 NoV: as fJls" IT, ~
No. Is.-An ac, for the protection of highways
II is hereby enacted etc
SEC. l. II person. after having been requested not
to do so by majority of the selecmen of the town
towns liable to keep highway in repair chains a
wheel OF vehicle used on such highway. or uses a
nd half f..t ia...
inches wide such wheel. sets a brake so tight as
to stop the revolution of such wheel and damage results
shoe or brake, the seectmen OF such town or towns
may repair the damage caused and recover the ex
OF sueh repairs with costs of the causing
SEC This act shall take effect from its passage.
Approved Nov 49, 1851.
No 6An act in addition to chapter 40 OF the revised
laws OF Vermont
1t is hereby enacted, ETC.:
SEC, l. Whenever any town In this state shall deem
Itself excessively burdened by being required to build
and MAINTAIN any highway or bridge being wholly in
such town or when such town shall be under the neces
sity Of rebuilding any bridge highway in such town
which bridge highway such town is bound 10 h,iii
and maintain, and when any other town or towns in
ms state or vcinity shall be deemed be benefited
haotants over such highway bridge although such
town or towns TO be benefited may be in different
county from that in which such highway or bridge is
10 be made or rebuilt, such town burdened NAV BY
its seleetmen, petition the county of the same
county 10 which such highway bridge is to be made
in the premises and the county court and the commits
sioners shall in all things proceed directed in sections
providing for cases where the town SO burdened and
the town SO benefited lie in the same county,
ShS' service OF the petition and citation in such
cases, shall be made upon the defendant by dev-
erng to one OF the selecimen OF the defendant town
true and aesed copy OF the original petition and cita-
to which they are returnahe.
sEc This act shall take effect from its passage
Approved November 2o, iSs7.
No ~ An act authorizing selectmen TO purchase road
machines $500
1t IS hereby enacted. etc;
Inc seleetmen of any town in this state may pur-
chase road machines at expense of, and for use in
heir respective towns, and in making the highway
rate bills, may lessen the per cent of highway
taxes SO that the aggregate Of highway taxes and
expense OF road machine shall exceed the amour;
required by law to be raised for highways Provided
that the seeetmen shall not be authorized deduct
the expense IRON the highway tax, OF more than one
road machine in any one year.
Approved November as, 1881.
No. IS An act in amendment Of section aos, chanter
~ OF the revised laws, relating compensation Tor
labor on highways.
Ii is hereby enacted, etc;
SEC I-Section 1851, chapter r4I Of the revised laws
is hereby amended SO as to read as follows;
Each person who shall furnish work on the highway
IN paymen OF his highway tax assessed by the select
men. shall be allowed for good hand at the rate OF
fifteen cents for each hour and the several towns al
their annual meeting and in OF their neglect the
selectmen may establish the price TO be allowed for
teams and tools employed in making such repairs.
Approved Oct al, 1854
No. Io.-An act relating TO text books
1t Is hereby enacted, etc;
SEC I. The books recommended by the text book
committees Of the several towns 1870 TO be used in
The public schools together with a text book on phys
ology and hygiene be elected shall be the author
ned books 10 be used in such schools until November
1885, and the use in public schools OF any other text
books except as books uf reference shall be unlawful
Except as hereinafter provided.
Sac. a. The text book committees selected In the
everal towns at the annual town meetings in Iss.
hall make contracts with the publishers OF the books
low recommended and used in such towns which con-
racts shall be in writing and which shall fix the price
II which all books on the subjects required by law TO
'e taught IN The common schools shall be furnished TO
ueh towns Tor five years from and after November
ss4 II the text book committee OF any town cannot
ban satisfactory prices from such publishers or any
i them, in that case any such text book committee
hall recommend another list OF books in place of those
nly for which satisfactory prices cannot be obtalned
md shall then make eontract as herein provided with
he publishers OF such other text books
Sac. 3 The several text book committees shall
efore November 1884, make suitable arrangements