The Republican journal., 1903-04-09

P|
way, causeway or bridge. may recover
for the same in a Special action on tne
case, to be commenced within one year
from the date of receiving such injury, or
suffering damage, OF the county or Town
I obliged by law to repair the same, II the
commissioners of such county. or the mu-
nicipal officers, or road commissioners OF
Sucn town, or any person authorized by
amy commissioner of such county Oh any
municipal officer, or road commissioner OF
such town, to act as substitute for either
of them had twentyfour hours actual
notice of the defect Or want of repair; but
not exceeding two thousand dollars in
case OF a town; and il the sufferer had
notice of the condition OF such way pre-
vious to the time OF the injury he cannot
1 recover OF a town unless he mas previously
notified one of the municipal officers OF
the celective condition OF such way; and
any person who SuStainS injury dam
age, as aforesaid, shall within fourteen
days thereafter. notify one OF the county
commissioners OF Such county, or OF the
municipal officers of such town, by letter
or otherwise, in writing, setting forth his
claim tor damages and specifying the ma
ture of his injuries and the nature and
location OF the detect which caused Slcn
injury.
ii the life of any person is lost through
such deficiency, his executors or admins
traitors may recover of such county OF
! town liable to keep the same i'll repair, in
an action on the case, brought 1or the
| benefit OF the estate OF the deceased, such
sum as the jury may deem reasonable as
notice of the deficiency which caused the
loss of life; at the trial OF any such action
the court may, on motion OF either party,
order a view of the premises where the de-
feet or want OF repair is alleged, when it
| would materially aid in clear under
standing of the case.
| Section q. This act shall take effect
when approved
Chapter 109.
An Act to amend Section one of Chapter
thirty of the Revised Statutes, as
Of the Public Laws OF eighteen hundred
ninety-five, and Sections three and tour
of Chapter thirty OF the Revised Stat
| uteS, in relation to Dogs.
Section one of chapter thirty of the re-
vised statutes as amended by chapter one
hundred fifteen OF the public laws OF
eighteen hundred nlnety-hVe IS hereby
| done in the fifth line OF said section the
| words provided said damage was not &C
casioned through the fault Of the person
| injured SO that said section as amended,
shall read as follows:
Section l. Towns may pass bylaws, to
regulate tie going at large OF dogs therein.
Wnen q dog does damage to a person or
his property, his owner OF keeper and also
the parent, guardian, master, or mistress
OF any minor who owns or keeps such dog,
|
OF the damage done, provided said damage
was not occasioned through the fault OF
! the person injured; to be recovered by
action of treSpaSS.
| Section 2. Section three of chapter thir-
ty OF the revised statutes is hereby
amended, so it shall read as follows:
finds dog stroling outside of the prem
| iseS or immediate care OIL ltS owner OF
keeper, may, within forty eight hours
thereafter, make written complaint be
| = i5.iy, IilN "
ing jurisdiction in the city or town where
the owner OF keeper resides, or III case
| there is no such court, before a trial JUS
| tice in said town, that he really believes
and has reason to believe said dog to be
dangerous vicious; whereupon SAID
court or trial justice shall order SAID own
er or keeper to appear and answer TO said
complaint by serving said owner or keeper
OF said dog with a copy OF said complaint
| and order a reasonable time before the
day set for u hearing thereon; and II up-
on hearing, the court or trial justice Is
satisfied tnat said complaint Is true, ne
shall order said owner or keeper within
twenty-four hours thereafter either to Kill
or conlne said dog or remove and keep
same beyond the limits of said town or
city, and if said owner or keeper neglects
| to comply with said order, he shall fof-
felt to the use of the city or town afore-
said not less than one nor more than ten
dollars, TO be recovered in an action on
section s. Section four of chapter
] thirty of the revised statutes is hereby
amended by striking out in the FIRST line
of said section the words after notice 50
given and inserting in place thereof the
words whose owner or keeper neSlects to
comply with said order, so that said sec
ton as amended, shall read as follows:
| Section T. If a dog, whose owner or
keeper neglects to comply with said order,
| wounds any person by u sudden assault
as aforesaid, or wounds or kills any do
mestic animal, the owner or keeper shall
pay the person injured treble damages
and costs.
[Approved March 1871
Chapter 11o.
An Act In regard to compensation of
/ Town Officers
Il Towns having four thousand or more
inhabitants snail have the right to vote
their selectnen per diem compensation,
not exceeding five dollars per. day, for
time actually spent in the service OF the
[Approved March ISL
! Chapter III.
An Act to amend Section ninety-eight of
Chapter eighty-twc of the Revised Stat
utes. relating to Evidence.
| Section l. Section ninety-eight Of chap
ter eighty-two of the revised statutes, is
hereby amended by adding sixth excep-
tion, as follows:
\ Sixth. In all actions brought by an ex-
ecutor, administrator or other legal rep
, reSeEtatiVe of a deceased person, such
representative party shall not be excused
from testifying to any facts admissible
upon general rules OF evidence, happen-
ing before the death of such person, if SO
requested by the opposite party But
nothing. herein shall be so construed as
to enable the adverse party to testify
against the objection of the plaintiff when
the plaintiff does not voluntarily testify
Section 2. This act shall take effect
when approved.
[Approved March ISL
Chapter 112.
An Act to provide for the protection of
| TrppS from
| and diseases.
Section l. Az nursery stock shipped
into this state from any other state.
box or package a certificate that the con-
tents of said box or package have been
inspected by duly authorized inspecting
officer. and that said contents appear to
eases In ca sc nursery stock is brought