Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1884-12-19

first day of May, 1885.
Approved Nov. 10, 1884.
No. 1S.-An' act to provide for the building
and maintaining highways and bridges in
certain exceptional cases.
| 1t is hereby enacted. etc.:
| SEC. 1. No town shall be assessed toward
the expense of maintaining any highway or
| bridge in another town, or OF building any
such highway or bridge, except as provided in
| sections 1858 and 1853 of the Revised Laws,
and as hereinafter provided.
SEC. 2. Whenever any highway or bridge
| within a town is not a necessity to any of the
inhabitants of said town, and is used as a
| thOrOughfare by more than five families of an
adjoining town, and whenever 1t becomes
necessary to lay out and build such highway
or bridge, and the town in which such high
way or bridge is, or is to be laid out, would be
| OpprcSsly9ly burdened by the expense of
building or maintaining such highway or
bridge, such town, so burdened may petition
the County Court of the county where said
town lies, If the adjoining town be in the
same county, and if in another county, may
petition the Supreme Court of said county,
| where said town lies and such petition may
! be served upon any of the Selectmen of such
defendant town, in the way in which WritS of
summons are required to be served, not less
! than twelve days before the term OF court to
which it is made returnable.
SEC. B. Such County or Supreme Court
shall appoint commissioners to act in the
premises, three disintereSted and judiciOuS
freehOlders, who shall be sworn to faithful
discharge of their duties, and make eXamina-
ton into the premises, and if, in their opinion,
| the petltlOning town would be OppreSSlvely
! burdened by bearing the whole expense of
building or maintaining snch highway or
bridge, they shall give reasonable notice to any
of the seeCtmen of the defendant town, of
the time and place for a hearing in the prem
| iSeS.
SEC. 4. Upon such hearing the defendant
town may be heard upon the question whether
| or not the pettiOning town would be OppreS-
sively burdened and in determining such
| question, the commissioners shall not consider
| the benefit to the defendant town and if the
commissioners are of the opinion that said
petitioning town would be oppressively bur-
dened, as above set forth, and that said de-
| tendant town ought to bear any portion OF
| said expenses, they shall appOrtiOn such part
thereof, as they deem reasonable to such
| defendant town, and report their doingS to the
court, and the court may thereupon assess
such town according to said report, and
make order on the same, as is provided in
other highway cases.
SEC. 5. Sections 1918 and 1880 of the Re-
vised Laws shall apply to all proceedings
under this act; and whenever any highway
or bridge, described in the second section of
this act becomes a necessity to any inhabi-
itants Of the town where it lies, any order or
decree made by virtue of this act, shall be
void from the first day of March next after
| such necessity arises.
SEC. 6. Any town assessed towards the
| expense of maintaining or repairing any
bridge or highway in another town, under the
laws now in force, may petition the court,
which ordered said assessment, such petition
| to be served upon the town to whom the assess
ment is paid, as provided in section of this
act, and upon proof that said highway or
| bridge is necessity to any inhabltant OF said
| town to which the assessment is paid, said
court shall vacate the order or decree for
| such assessment. And whenever any such
| petition is brought, the courts SHALL upon ap-
| plicatiOn, order stay of any and all proceed
| ings to enforce the collection or payment of
any such assessment
SEC. 7. Sections 1915, 1916, 2977 of the Re-
vised Laws, No. 16 of the laws of 1882, and all
acts and parts of acts inconsistent herewith
are hereby repealed.
SEC s. This act shall take effect from pass
age and shall not apply to pending causes.
Approved Nov. 26, 1884.
NO. 19.-An act to prevent damage to street
lights.
1t is hereby enacted, etc.:
SEC. /. A person who wilfully and malic-
iously breaks the glass about street lamp or
gaS-llght, or a lamp or gas-llght IN the grounds
about public building, or without authority
shall light such lamp or gas-light or extinguish
the same when lighted, or in any manner
interfere with or Injuries any part OF the tX-
ture st rVln5 to support such lamp or gaS-llght,
notices thereon. or fastens horse or other
animal thereto, shall be fined not more than
fifty dollars or imprisoned not more than
three months.
laws of A. D. 1882, is hereby repealed.
SEC. 3. This act shall take effect from its
passage.
Approved Nov. "a, 1884.
No. 20-An act to encourage the planting of
eb 10 liz nd inb
ways.
1t is hereby enacted etc.:
SEC. 1. A town may, at legal meeting,
the warning for which contains an article for
that purpose, direct the treasurer to pay to
the selectmen sum not exceeding one per
be expended by them in premiums or in any
other manner that they may deem most
etfectual to encourage the planting of
shade trees upon the public squares, parks or
| highways by the owners OF adjoining real
estate.
SEC. 2. This act shall take effect from its
! passage
Approved Nov, 10Th, 1884.
| No. 21-An act authorizing selectmen to pur-
chase road machines.
| 1t is hereby enacted, ETC.:
| SEC. 1. The Selectmen of any town in this
State may purchase road machines at the eX-
pense of and for use in their respective towns,
and in making out the highway rate bills,
may lessen the rate per cent of highway
taxes, so that the aggregate of highway taxes
and expense of road machines shall not
exceed the amount required by law to be
raised for highways. Provided that the
seectmen shall not be authorized to deduct
the expense from the highway tax of more
than one road machine in any one year, unless
two or more road machines can be purchased
for sum not to exceed $3.50.
| Sec. q Number seventeen of the public
is of 1882 is hereby repealed.
SEC. s. This act shall take effect from its
passage.
Approved Nov. 26, 1884.
No. 22.-An act in amendment of secion 1908
of the Revised Laws, relating to injuries to
| trees.
1t is hereby enacted, etc:
SEC. /. Section forty-two hundred and
three of the Revised Laws is hereby amended
so as to read as follows:
| person who wilfully Injuries or destroys
shade or ornamental tree standing in public
highway, park or common, burial ground or
nannatarv nr a tree standing in highway in