Year: 1867

An Act in addition to Act entitled An Act con-

 cernlng Highways and Bridges.

 Be it enacted by the Senate and House Of Rep resentatives in General Assembly convened

 Sec 1. Whenever any petition shall hereafter be pending before the superior court for the laying out of any new highway, or for the alteration of any old highway or highways, 1t shall be lawful Tor any person or persons interested therein, in favor of such petition, to execute penal bond o bonds, with one or more sureties, payable to the town or towns in which such proposed new highway or old highway or highways are located, condltionea tnas the obigors in such bond or bonds shall build and construct in the same manner and within the time therein specified, such proposed new highway, or make the proposed alterations in such old nigh way or highways. or that the obllgOrS in such bond or bonls shall deed or cause to be deeded to such town or towns, the right of way for such new highway, or the alteration of such old high way or highways, for given sum or sums, to De specified in such conditions which bond or bonds win be in a legal form and properly executed by persons owning real estate in fee simple, situated

 in this state in value to double the amount of the penal sum in such bond or bonds which bonds so executed, when delivered as hereinafter provided, shall be legal and binding upon the obligofs there

 in to the full amount of such penal sum, assess ed damages, if the condition or conditions tberein specified are not fully kept and performed. F

 Sec. g. Upon the trial of any such cause before a committee of the superior court, as is now by law provided, upon the question or questions as to the common convenlences and necessity of such proposed new highways, or the proposed altera- Iion of such old highway or highways, it shall be lawful for such committee to receive such bond or bonds when offered to them, executed in the man. ner and form and for the purpose aforesaid, and hold the same until they shall make their report of their doings to said superior court. egesw

 Sec. B. In determining the questions as to the common convenience and necessity of such pro- posed new highway, or the proposed alterations of such old highway or highways, said committee may regard such bond or bonds as legal and valid, and as legally affecting the questions aforesaid

 Sec. 4. If such committee shall report in favor of the laying out of such new highway, or of the proposed alterations of such old highway or high ways, upon making their said report to the supe, rior court, they shall thereupon deliver said bond or bonds to the town agent or agents of the town or towns to which they are made payable, and the same shall be legal binding ill the hands of such town or towns but if said committee shall report against such petition, then they shall deliver such bond or bonds to the oPligators therein named, to be cancelled bond bv the n-fulfllmen of the conditions there in named and in case such bond so forfeited shall he payable to more than one town, such towns so interested. may join in suit on such bond, and the court before whom such action may be brought, shall have power to adjudge and determine the amount to be paid to each town respectitelya.u

 Sec. 6. This act shall not affect any suit now pending. An~,orol T,,l,y 1oe7