Year: 1859

summoned as > juror shall not appear. or
shall be incompetent, bis place may be sup
EuIied nv taIssuaan as In other cases.


Sec. 81. If the jury find that any such
encroschment has been made By the occu-
napt of the land, or any former occupant
! thereof thew shall make and subscribe q
certiEcsts in writing Of de particulars lof
such encroaehment, and By whom made,
which shall be fled in the Office of the town
| clerk: and the occupant of the land. wheth-
| ar such eacroachment shall have been made
by him, or by any former occupant. shall
remove the fence, building, or other fixture
causing such encroachment within thirty
days after the fling of such certificate, un-4
| der penalty of 6fty-cents for each day, after
the expiration of the time, during which
such encroaehment shall continue.


Sec. 88. IF the jury find that any such
encroachment has been made as aforesaid,
the occupant shall pay the costs of such
inquiry. and if the same shall not be paid
| in ten DAYS, the justice shall issue an execu-
| ton for the collection thereof, directed to
any constable of the county. commanding
him to levy such costs and his fees thereon.
of the goods and chatties OF such deiin-
ouent, and make return thereof to such JUS
tice within thirty days from its date; and the
Justice. constables, Jurors and witnesses,
shall be entitled to the same compensation
as for other similar services in proceedings
before justices of, the peace.


Sec. SO. If the jury find that no encroach
| ment has been made, they shall SO certify,
| and shall also ascertain and certify the dam
ages which the then occupant shall have
sustained by such proceedings; which dam
ages, together with the costs of the proceed
| ings, shall be paid by the supervi 'Ors. and
shall be a charge in their favor against the
town in which they shall have been elected.
Sec. go. No person shall be required to
| remove any fence under the above proyis
ions, except between the first day of No
| vember and the first day of April, unless
| the same shall have been made within three
months next before the making of the or
der of the removal thereof. -@F
Sec. 81: If any tree shall fall, or be fell
ed, by any person, from any occupied land
into any highway, any person may give no.
tice to the occupant of the land from which
such tree shall have fallen, to remove the
same within twenty-four hours; and If such
tree shall not be removed within that time,
but shall continue in such highway, such
occupant shall forfeit the sum of fifty cents
for every day thereafter until such tree shall
be removed; but the amount so forfeited
shall not exceed ten dollars for one tree.


Sec. 92. In case any person shall cut
down, or fall any tree on enclosed land, not
occupied by him, so that it shall fall into
any highway. unless by the order or con-
sent of the occupant, such person shall pay
| to the occupant of such land the sum of
one dollar for every day the same shall re-
main in such highway, together with all
but the amount so to be recovered shall not
exceed twenty dollars for one tree.


OF THE ERECTION. REPAIRING AND PREsERvA-


TIoN OF BRIDGES.


Sec. SO. Whenever it shall appear to the
board of supervisors of any county, that
any one of the towns in such county would be
unreasonably burthened, by erecting or re-
pairing any necessary bridge or bridges in
said town. such board of supervisors may
cause such sum to be raised and levied upon
the county as will be sufficient to defray the
| expenses of erecting or repairing such
bridge or bridges, or such part of such ex-
pense as they may deem proper; and such
moneys, when collected, shall be paid TO the
town treasurer of the town in which the
same are to be expended, to be applied by
the supervisors of such town to the purpos-
es for which the same were raised.


Sec. "a. The supervisors of any town
may put up and maintain, at the expense of
their town, in conspicuous places at each
end of any bridge in such town. maintain
ed at public charge, and the length of whose
span is not less than twenty-five feet, no.
tiee, with the following words in large
characters; zone dollar fine for riding or
driving on this bridge faster than walk. %
| Sec. 95. Whoever shall ride or drive fast
er than walk on any bridge upon which
such notice shall have been placed, and
shall there be, shall forfeit for every such
offance, the sum of one dollar.


Sec. 96 Whoever shall wilfully injure
any bridge maintained at the public charge,
shall, for every such offence, forfeit treble
damages; and he may be indicted and pun
ished as provided by law.


MISCELLANEOUS PROVISIONS OF A GENERAL


tfGG NATURE. 20


/ Sec.97. If any damage shall happen to
any person, his team, carriage, or other
property, by reason of the insuffieiency or
want of repairs of any bridge, or sluiceway
or road in any town in this Territory, the
person sustaining such damages shall have
a right to sue and recover the same against
such town, in aay court having jurisdic-
ton thereof; and if@such damages Shall ac-
crue by reason of the insufieieucy or want
of repairs of bridge erected or maintained
at the expense of two or more towns, the
suit shall be brought against all the towns