Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-02-25
THE LEGISLATURE.
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| third of the cost so certified, within one
year thereafter.
Section g. The municipal officers of
any town or towns where a State and
county bridge is located shall act as
agents to the county commissioners in
re pairing any sudden defect, rendering
public travel dangerous. They shall
| Immediately notify said commissioners
| of said defect, and shall make such
repairs as are necessary to make said
bridge safe for public travel. When
said repairs shall have been completed
| they shall file with the commissioners
an itemized statement of the amount
expended therefor, which shall be paid
| by the county. if the commissioners
on examination, find such amount
| reasonable. If after twenty four hours
actual notice the municipal officers
neglect to repair and sudden defect in
State and county bridge, the town
or towns where such bridge is located
shall be liable to the county for all
damages for injuries for injuries to
persons and property caused thereby.
Section 10. Whoever receives any
bodily injury, of suffers damage in his
property, through any defect or want of
or county bridge, may recover for the
same in a special action on the case,
to be commenced within one year
from the date of receiving such injury,
or suffering damage, of the county
obliged by the provisions of this act
to repair the same, if the commission
erS of such county, or the municipal
officers of the town or towns in which
i ID ,e,1 InI 20,
hours actual notice of the defect or
want of repair; but not more than two
thousand dollars in the case of a
county; and if the sufferer had notice
of the condition of such bridge previous
to the time of injury he cannot recover
of a county unless he has previously
notified one of the county commission
ers of the defective condition of said
bridge; and any person who sustains
| injury or damage, as aforesaid, or some
person in his behalf, shall within four
| teen days thereafter, notify one of the
county commissioners of such county,
| or the clerk of courts therein, by letter
or otherwise, in writing, setting forth
| his claim for damages and specifying
| the nature if his injuries and the ma
| ture and location of the defect which
| caused such injury. If the life of any
person is lost through such deficiency,
| his executors or administrators may re-
| cover of such county liable to keep
| the same in repair, in an action on the
| case, brought for the benefit of the
| estate of the deceased, such sum as the
| jury may deem reasonable as damages,
| if the parties liable had such 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
defect or want of repair is alleged,
| when it would materially aid in
| clear understanding of the case. Any
action for damages under the provis-
ions of this section may be brought
| in any county or counties where such
bridge is located, or in any adjoining
county, at the election of the plaintiff.
| When on the trial of any such action
it appears that the defendant county
included said bridge in the list OF
bridges called for by Section l of
this act, it shall not deny the location
of said bridge nor that it is State and
county bridge. No county is liable for
such injury when the weight of the
load, exclusive of the carriage, exceeds
six tons. Proof of it's weight must be
made by the plaintiff.
Section H. Payments by the State for
the purchase or construction of bridges
under this act shall be made in not more
than ten equal annual installments, to-
gether with interest at the rate paid by
the county or counties in which such
bridge is located
Section II. If the approp ration made
by the State for the construction of new
bridges, and the purchase of toll-bridScs
hereunder, is insufficient in any year to
furnish aid to all the counties applying
therefor. they shall receive such aid in
the order in which their applications were
presented providing the other conditions
of this act have been complied with, and
those counties whose claims cannot be
paid in any year by reason of such lack
of funds shall have the preference of all
others in the succeeding year. and shall
be the first to receive aid out of the APP
preparation for that year. Applications
for reimbursement for repairs shall be
paid out of the State appropriation for
that purpose in the order above provided
for claims for construction. In the event
that there is in any year an unexpended
balance of the State appropriation for
construction, or purchase of toll bridges
said balance shall be transferred to the
appropriation for maintenance for that
year, and vice versa; or such balance. in
the discretion of the Governor and Coun-
Gil may be carried over and added to the
appropriation of the next year for the
same purpose :
Section Is. The commissioners of the
/ several sc66nties are hereby authorized, il
they shall deem it expedient, to obtain {
loan or loans of money for the purpose o.
, paying the several towns therin for Tho
: two thirds interest of said towns in thu
4 bridges to tie paid for under the provis
: ions of this act, for the construction O.
t new bridges and for the purchase of toll
bridges, and cause notes or obligation.
l OF their respective counties with coupons
e for interest not exceeding six per centun
t per annum to be issued upon such time
: not less than ten nor more than fort,
years. as they may deem expedient
Section II. The word town in this ac
shall be construed as. including cities
{ towns and organized plantations.