Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1903-04-01

tinues unremoved. II the encroacb.
ment is such as to effectually obstruct
and prevent the use OF the highway
for vehicles, the road supervisor must
forthwith remove the same.
Section 40. II the encroachment Is
denied, and the owner. occupant or
person controlling the matter or thing
charged with being an encroachment
refuses either to remove or permit
the removal thereof. the road super.
visor must commence in the proper
court an action to abate the same
as a nuisance; and II he RECEIVERS
Judgment, he may in addition TO hay.
ing the same abated. recover ten dol.
lars for every day such nuisance re-
NAMED after notice, and also his costs
in said action. The Board Of County
Commissioners may at any time order
the supervisor to forthwith remove
any such encroachment without com.
mencing an action.
Section Al. II the encroachment Is
not denied. but is not removed for
five days after the notice Is complete,
the road supervisor may remove the
same at the expense Of the owner. oc-
cupant or person controlling the same.
and recover his costs and expenses,
and also for each day the same re-
manned after notice was complete, the
sum of ten dollars in an action for
that purpose.
Section AZ. Whoever obstructs or
Injuries any highway, or diverts any
water curse thereon, or drains any
water from his land upon any high
way, to the injury thereof, by means
OF bitches or dams, is liable to a pen
atty of ten dollars for each day such
obstruction or injury remains and
must be punished as provided in Sec
tion 1881 Of the Penal Code. Il shall
be the duty of the road supervisor to
notify the County Attorney Of any
and all violations of this Act.
Section 43. Any person storing or
distributing water for any purpose,
who permits the water to overflow any
highway to the injury thereof. must.
upon notification by the road supervis-
or of the district where such overflow
occurred. repair the damages occa-
stoned by overflow; and should such
repair not be made within a reason
able time by such person. the road
supervisor must make such repairs
and cover the expense thereof from
such person in an action at law.
Section A. All persons contemplate
ing the excavating Of irrigation, min
ing, drainage or other bitches, across
the public highways are required to
obtain a permit in writing from the
Board of County Commissioners or the
supervisor of said district before be-
ginning such excavations, and to
bridge such irrigation. mining, drain.
age or other bitches at once, substan-
TALLY and in accordance with the
plans and specifications furnished by
the Board of County Commissioners,
and thereafter said bridges shall be
maintained by the county. And on
failure or neglect to bridge a in this
section provided. the supervisor of the
road district must Immediately re-
move any obstruction placed there.
and refill such ditch, If necessary for
the convenience of the travelling pub
lie.
Section As. II shall be the duty of
any person finding any obstruction
upon any highway of this state to
forthwith notify the road supervisor
of such obstruction.
Section 46. Whoever cuts down a
tree so that 1t falls into any highway
must forthwith remove the same. and
Is liable to a penalty Of ten dollars
for every day the same remains in
such highway.
Section AZ. Road supervisors must,
when ordered by the Board Of County
| Commissioners SO to do, put upon
bridges under their charge notices
that there is Five dollars fine for
riding or driving on this bridge fast
er than a walk" Whoever thereafter
rides or drives faster than a walk on
such bridge Is liable to pay five dol
lars fine for each offense.
Section 8. Whoever digs up, cuts
down or otherwise maliciously injur-
es or destroys any shade or ornamen'
tai tree on any highway, unless the
same Is deemed an obstruction by the
Board of County Commissioners, and
removed under their direction, for
feits one hundred dollars for each
tree.
Section 40. When notice is required
to be served upon nonresident land
owners under any of the provisions
of this Act, such notice shall be serv'
ed by publication as authorized by
the Board of County Commissioners
and for all purposes nonresident land
owners upon whom personal service
cannot be made within the county
must be considered as non-consenting
land owners.
Section 50. The County Attorney
on complaint of the road supervisor
or any other person, must prosecute
all actions under the provisions o
this Act by a suit in the name of thu
state and all penalties and forfeitul e'
must be paid into the general roaC
fund of the county.
CONTINUED next week..