Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1919-04-23

in lieu of applying for a refund of the
registration paid, as hereinbefore pro-
vided, apply for registration of trac-
ton engine or motor truck, and said
| applicant shall be entitled to credit
| for the fee paid since January first,
nineteen hundred and nineteen, and
prior to the. passage of this act.
Sec. a. Section 400 of the General
| Laws is hereby amended SO as to read
as follows:
Sec. 400. A person or corporation
shall not operate traction engine,
tractor, trailer, motor truck or other
vehicle in excess of total weight of
six and one-fourth tons, including We
| hicle, object or contrvance and load,
upon a highway in any town or incor-
porated village except in conformity with
the regulations of written permit to
be obtained as herein provided. A per-
son or corporation owning or operating
a traction engine, tractor, trailer, motor
| truck or motor vehicle that desires to so
| plication for such permit to the board of
selectmen of the town or the trustees of
the incorporated village, as the case may
be, who shall set time for hearing upon
such application. The state highway
commissioner shall be notified of such
hearing and may attend such hearing or
he may designate person to represent
him. Said board may in its discretion
| issue to such person or corporation a
permit authorizing such person or cor
poration to operate such traction engine,
tractor, trailer, motor truck or motor
vehicle upon such highway or highways
in such town or incorporated village
as said board may designate and con-
tanning the regulations subject to which
such traction engine, tractor, trailer,
motor truck or motor vehicle is to be
operated Said board of selectmen or
trustees of an Incorporated village may
incorporate in such permit such de-
scriptive matter as to the highways to
be travelled over, restrictions as to width
and character of wheels of such tractor,
trailer, motor truck or other motor vehicle
and such other regulations as in their
judgment seem most conducive to a
proper use of the highways. Such per-
NIT shall expire on the thirty-flrst day
of December but may be revoked for
cause after due hearing before the board
which granted same. Such permit shall
be signed by majority of said board ;
and the person or corporation to whom
the same is granted shall, before operat-
ing such traction engine, tractor, trailer,
motor truck or motor vehicle, cause
such permit to be filed in the town clerks
office of such town or in the village
clerks office of such village. Said board
of selectmen or trustees of All incor-
porated village, or board of county road
commissioners under the provisions OF
the following section may require the
applicant to file a bond in such an
amount as in their judgment seems ade-
quate, executed by surety company
authorized to transact business in this
state, conditioned to pay all damages
sustained by a person, town or incor-
porated village, injured or damaged in
consequence of the careless, negligent
or unlawful act of said principal or the
failure of said principal to comply with
the provisions of such permit. A per-
son, town or incorporated village, in
jured by any careless, negligent OF
unlawful act of or failure of the prin-
cipal to comply with the provisions Of
such permit, or on account of the in
jury to bridge or culvert because Of
the excessive weight allowed by sucf
permit, and, if the death of any per.
son is caused by any careless, negligent
or unlawful act as aforesaid, the ex
ecutor or administrator shall have {
right of action upon such bond for al
damages sustained, and SHALL upon re-
quest, be furnished by said board with {
certified copy of such bond and may
bring an action in the name of the
obligee named in such bond for his, it.
or their use and benefit against the
principal and surety named in sucf
bond, and may prosecute the same tc
final judgment and execution In cast
of road machinery, oilers, tractors, rol
lers, dump wagons, etc, the same per
NIT as above shall be issued by the sec
rotary of state with the approval of thu
highway commissioner.
Sec. S. Section 46I7 of the Genera
Laws is hereby amended so as to reat
as follows
Sec. 4617. A person shall not recove
against town or other corporation TO
such damage, sustained in consequence
of the passing on bridge or culvert o
a carriage of a total gross weight ex
ceeding twelve thousand five hundred
pounds weight An action shall not b.
had or maintained in any court agains
a town for injuries received or damage
sustained through the insufficlency of
bridge or culvert, unless notice is frs
given in writing, signed by the part
so injured or claiming damage, to on
or more of the selectmen of the tow
in which the bridge or culvert is stu
ated, within twenty days of the time o
the occurrence of such injury or damage
stating the time when and the plac
where the injury was received, an
pointing out in what respect the bridg
or culvert was insufficient or out o
reDair and stating that such person vii
claim satisfaction of the town.
Sec E. This act shall take effeC
from its passage, but shall not apply t
pending causes.
Approved April 8, 1910.