Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1892-12-02
IMPORTANT LAWS OF 1892.
Full Text of the New Highway Law,


As the legislature of 1892 abolished the
provision for the publication of the ses-
sion laws by the newspapers, on the ground
that the state cannot stand the expense,
we print herewith the new highway law in
full, and the main Provisions of the other
acts of leading public Importance:
The Highway Law.
An act creating the Office Of road commission.
er in each town of this state and for the improve
ment of highways.
It is hereby enacted by the general assembly
of the state of Vermont:
Sec. l. Section 265S revised laws is hereby
amended by striking out that clause which reads
as follows: "A surveyor of highways for each
district unless the town elect street commission
ers," and inserting In lieu thereof, "a road com
missioner who shall be elected by ballot"
Sec. 2 It shall be the duty of road commits
sioners elected as provided in section one of this
act, TO perform all the duties and have all the
power and responsibilities now conferred by law
upon street commissioners or highway surveyors
except as otherwise provided in thus act.
Sec. 3. Such road commissioner shall give
bonds to the approval and satisfaction Of the
lectmen. in a sum equal to the amount to be
raised and expended in said town. If person
elected as road commissioner fails to so qualify
before the first day of April, the office shall be
deemed vacant and shall be filled by the select
men by appointment. And in event Of vacancy
caused by death otherW Use. the selectneu shall
appoint some competent person to fll out the un-
expired term aud the p, rson so appointed shall
bp subject to all the provisions of this act.
Sec 4. For keeping in repair the highways the
seectmen Of each town shall annually, within ten
days after the completion OF the annual grand
list assess tax OF ~ cents the dollar of the
grand list of SAID town. which shall be collected
and paid to the town treasurer as provided by law
for the payment of other taxes, except that por-
ton of such tax belonging to cities and incoTpor
ated villages, which shall be collected and appro-
priated by such cities and villages as now pro.
L. fb.4r IafN
therefor they shall be raised an additional
Sec 3 A state tax of five cents on dollar is
hereby annually assessed on the list, polls, and
ratable estate of the inhabitants Of this state,
and non residents who have grand list. for the
support Of highways. The treasurer of the state
shall appOrtiOn TO the several towns and cities
and unorganized towns and cores in this state
such tax according to their respective lists and
shall on or before the first day Of May, in each
year, make out and transmit to the treasurer OF
each town and city and TO the collector of taxes
for the unOTganiZed towns and cores in the state,
a notice Of the amount so apportioned and that
the same shall be paid into the treasury of the
state on or before the first day Of June next fol-
lowing.
Sec 8. The commissioner of taxes for all un-
or anZed towns and cores shall Immediately
upon receipt of such notice assess a tax for the
amount specified and cause the same to be col
lected in the manner prescribed by law upon such
unorga nized towns and cores, and cause the same
| to he paid into the state treasury according to
such notice; and the several towns and city treas
urers shall, upon the receipt Of such notice.
| transmit the same to the selectmeu, mayor of
their respective towns cities, and such select
| men or mayor shall draT an order on the treasur-
er Of their respective town or city for the amount
| of such tax and such treasurer shall pay the
same to the state treasurer according TO such no
| tice. out of any moneys belonging TO their town
or city, and if there is not sufficient funds in the
hands of sue treasurer TO pay such tax, the Sc
| lectmen ma, or shall borrow the same upon
| their orders and the several towns cities may
| provide for the payment of such tax by "a special
IN ha SfaH COLLECTED llfe p
| town or city taxes or such state tax may be pro
vided for like ordinary expenses of the severa
| towns cities
| See T. The list prepared annually by the sec
retary of state from abstracts of the grand list
of the several towns cities, inorganic towns OF
| cores which are now by law required to he re
turned to his office shall constitute basis for the
| apportonment of said tax
| Sec. <. The provisions Of section 1863 of the re
yised laws shall not apply to the state tax assess
/ ed by this act.
Sec g. The tax so raised shall be rejipportion
ed and repaid to the several towns cities and vii
| lagos upon a basis of road mileage to be ascer
| tanned as follows: The seleCtmen shall or be
! fore May Is 1888. measure the highways, not in
cluding prnt roads 10 their respective towns, in
cluding the cities and Incorporated villages tn
erwise excepted from the provisions of this act
| and shall yearly thereafter make returns show
| ing the mileage of new roads opened aud O
| roads discontinued, II any, aud make and sub
| -. on oath say that we have carefully measured
| the highways, not including the pent roads II
| SAID tOWn.anu ma the same TO he llllS Ger
titcate showing the road mileage OF such towns
cities and villages respectively shall be forthwith
recorded in the Office Of the town or city clerk VIII
| shall. within five days, forward a certified copl
thereof to the secretary of state, who shall certi
fy the same To the state treasurer aud the stat
treasurer shall within twelve days of the receip
of the same, apportiOn TO each town, city an,
such Incorporated village its portion of said tax
upon basis OF a ratio of the highway mileag
of such town, city and Incorporated village, com
pared to the total road mileage of the Who'll
state. and fractions of miles shall not be COnSd
cred, WHIT n the proportionate amount for eac
town, city and incorporated village is so ascei
tanned. the state treasurer shall, on or before tn
first day of July of each y, ar, remit such amour
to the treasurer of each town, city and such in
corporate villages. No town, city or incorporate
village shall receive its proportion of the stat
tax herein provided unless II complies with tn
| requirements OF this section.
Sec 10. The sworn statement set forth in th
preceding section shall he made on blank form
which the secretary of state shall have printed
and forward to the seectmen of each town fC
the purpose of making said report.
| Sec. IL. Seventy. five per cent of the highwa
taxes raised, as provided in this act, shall be e.
pended upon the highways prior to the 10Th da
Of August, and the balance at such time as Il
commissioner deems for the best good OF u
public.
See IL No part of the funds raised fro
town and state highway taxes shall be used in r
pairing or rebuilding bridges cuverts a.
proaches thereto exceeding four feet span. A
bridges and culverts exceeding such span, inclu
ing those in Incorporated villages, shall be und'
keep the same in repair, and rebuild when ne
essary; and the funds for that purpose shall
raised and included i'm the regular town tax.
Sec 49, Road and street commissioners sha
make a report of the expenditure of the amou
? received from said state tax. The report sha
be sworn to and forwarded to the secretary
state, on or before the first day of February, a
nualiy, and copy thereof left with the TOW
f treasurer
, Sec IA. Each road commissioner shall ke,
accurate accounts showing in detail all none.
| ! received by him. from whom and when receive
and all moneys paid out by him, to whom, al
for what purpose. He shall settle his accou
before the first Tuesday in March, annually,
! provided by law for the settlement of the a
D | counts of town officials.
. Sec 10. All money expended upon highwa
provided by this act, except in cities and incC
p porated villages, shall be drawn from the TOW
p | treasury upon orders signed by said commissio
y er, and said commissioner shall keep prlnt
. blank book of such orders, upon the stubs
$ ! which shall be a counterpart of the order
S | given: said blank order books shall be procur
. by the said road commissioner at the expense
I Sec I6 The compensation TO be paid the TO-
commissioner shall be fixed in each town by {
selectmen. at sum not less than two dollars p
: day for time actually spent.
Sec. II. Selectmen shall not be eligible 10 q
Office of road commissioner
See. IS. Nothing in this act shall be constru
to affect the rights and powers now conferred
Incorporated villages by their charters 10 elect
appoint street commissioners, and collect a
see. 49, An acts and parts Of acts incOnsiste
with this act are hereby repealed
The New Ballot Law.
We have already noted the main chan
made in revising the secret ballot la
namely: that the names of the candidat
of each party are in future to be arrang
in columns by themselves under the par
headings, and the voter may vote a straig
party ticket by simply marking one ere