Year: 1866

person may draw logs or timber in any
way at such times, when by reason of frost,
highways would not be liable TO Injury
thereby.


Sec. 2. If any person shall violate the
provisions of the preceding section, such
person shall, on conviction thereof, forfeit
and pay for TIE use of the town in which
such offense shall have been committed,
the sum of not less than five dollars, nor
more than ten dollars, in the discretion OF
the court, together with costs of prosecu-
ton, to be recovered on complaint of a town
grand juror before any justice of the peace
having jurisdiction thereof. Such person
shall be further liable TO the town in which
such offense may have been committed, for
all damages to any public highway, by
reason of the violation of this act, to be
recovered in the name and for the use of
such town, in an action on the case.


Approved Nov. 10, 1866.


An act to provide for the repair of high


ways.


Il IS hereby enacted, &c.


Sec. l. When in the opinion of the
highway surveyor or road master of any
highway district in any town in this State,
it shall become necessary to take any
gravel, earth or stone, for the purpose of
repairing or building any road under his
charge that does not lie within the limits
of the highway as surveyed, or beyond the
limits of his district, and the owner there
Of will not permit him TO take the same
without paying more than in his judgment
he ought to pay, then the highway surveyor
or road master shall have the right to call
on the selectmen of the town in which such
material is located. and they shall at once
make an examination OF the matter. and ii
they are satisfied that the public good re-
quires the taking of such material. then the
selectmen shall give no ice of the intent to
take the gravel, earth or stone, to the
owner or occupant of the land from which
the material is to be taken, and proceed to
apprize the damages, by the year or other
wise, and shall pay or tender the same to
said owner or occupant, and they may then
direct the surveyor or road master to take
the material SO apprized TO the amount
necessary for The purposes set forth in
this act.


Sec. 2. And it is further provided. that
ii the owner or occupant of said land is not
satisfied with the amount of damages al
lowed by the selectmen, then he shall have
all the rights of appeal in the same man.
ner and form as he would have under the
statutes, in case of appeal from the ap-
praisal of selectmen in opening highways.


Sec. 3. Any highway surveyor or road
master of any highway district in this State
may when in his opinion it shall become
necessary, take any gravel, earth, stone or
other material for the purpose of repair
ing or building any road under his charge,
that lies within the limits of the highway,
whether the same is to be used at or near
the point where the same is taken from, or
other places on said highway.


Sec. 4. This act shall take effect from
its passage.


Approved Nov. 10, 1866.


An act relating to the rights and Liabilities


of husband and wife.


IL is hereby enacted &c.


Sec. 1. Section one of chapter seven
ty-one of the General Statutes is hereby
amended so as to read as follows, viz
When any married man shall leave the
State abandoning his wife and not making
sufficient provision for her maintenance, or
when any married man shall be under
guardianship by virtue of the laws Of this
or any other of the United States, if the
wife is of the age of eighteen years, the
Supreme Court may, on her petition, au-
thorize her to sell and convey her real es-
tate or any part thereof. and also any
personal estate, which shall at the time
have come TO the husband, by reason of
the marriage, and which may remain in
the State undisposed Of by him.


Sec. 2. This act shall take effect from
its passage.


Approved Nov. 2, 1866.
An act in relation to the earnings of mar


ried women, and in addition to chapter


seventy-one of the General Statutes.


10 as hereby enacted, SC,


Sec. l. Whenever any married wo-
man shall be abandoned by her husband.
such married woman shall be entitled tn
her own earnings and all the proceeds
thereof, and the same shall be under her
sole control, and the husband shall have
no power over the same and the wife
may maintain an action therefor in her
own name in the same manner she could
do if sole and unmarried.


Approved Nov. 10, 1866.
An act to amend section thirteen, chapter


forty-seven of the General Statutes, en-


titled "Of Levy of Execution"


his hereby enacted. &c.


Sec. l. Section thirteen, chapter for
ty-seven. of the Genernl Statutes, is here
by so amended as 10 read as follows: The
following articles shall be exempt from
attachment and execution, unless turned
out to the officer, to be taken on the at
tachment of execution, by the debtor, to
wit; Such suitable apparel, bedding, tools,
arms, and articles of household furniture,
as may be necessary for upholding life,