Year: 1871

An act iR addition to an act entitled 'san act

 :, concernlng highways and bridges"

 be Me'sacted by uhe 8endte and House of Repre-

 easatases sn General Assembly conuened:

 1eo. I That in the construction of any bridge in any highway that has been or shall hereafter pc !aid ont by committee appointed by the su- vcs.oI court, scross water nsvigated by open deck Yss,se,s and which navigation is useful and valu- @Uie TOT aerlcuiturAl or other purposes and which would De obstructed unless suitable bridge with draw therein is constructed to permit ves- sels cf the character that navigate such water to whoss duty it is to build and maintain bridae across said water, to construct 6 suitable draw therein sandf said town or towns shall attempt 70 construct close bridge across said water, Satsnr 1nen consssueted VIII ebstruct such navi- os oltner oI them, may apply to the superior court or to ajudge thereof in vacation. for an hnluu11ction to en1oin said towns or towns from judge shall find that the bridge that said town or towns are intending to build, will when con- stEucted obstruct such navigation. such court or lud9e shall enjoin said town or towns from the farther prosecution of said work. and said court shall order and decree that said town Or towns snall construct suitable bridge with suitable oraW therein and establish the width of said

 Sec. 2. That the selectmen of the rasnect;ve towns or the major part of them may alter such portion or portions of any highway, or the lay. out of any highway within their respective towns that has beensor may hereafter be laid out by any superior court or committee appointed by said court from point in one town to a point m another town that ill their opinion common convenience and necessity requires, first giving reasonable notice to the owners of the land through which said alteration of said highway or the layout thereof is to be made or leaving such in writing at thelr place of abode if within this state, to be present if they see cause at the alteration of said highway or layout thereof; and the damage done to such owners by changing said highway or layout thereof, shall be paid by the persons applying for such alteration or alter ations If the same bv for thelr private use only; but II sneh alteration be for the common use of the inhabitants or of the public it shall be paid by the town, and if the selectmen and person in- terested cannot agree as to the damages done by such alteration, the selectmen shall apply to . justice of the peace. who shall appoint thfee ju- Aicions and disinterested freehoiders, who being sworn Tor that purpose, shall estimate and assess to each person injured the damages sustained by them in altering said highway or layout thereof and survey in writing, under the hands of the ton of said alteration, ofsaid highway or layout thereof being made and accepted by the town, and recorded in the records of land in such town, and satisfaction being made to the persons in- jured, or the money deposited in the town treas ury for their use; ready to be paid to them when they shall apply for the same, according to the agreement or estimate as aforesaid, such altera- Elon or said highway or layout thereof, shall be and remain for the use for-which the same was made. Hssf|. a4a E

 Sec.3. Nothing in the preceding section shall authorize the selectmsn of any town to alter any highway or layout thereof, within the limits of any incorporated city of said town.

 Sec..4. The selectmen of any town, or the ma jor part of them may, with the appreciation of such town, discontinue any portion of sny high way or layout thereof, or both laid out by any superior court. or by any committee appointed thereby, as in their opinion are not required by common convenience and necessity by reason of the alteration of said highway or layout thereon or both, by them in pursuance of the authority oonferred by this act; and if any person shall by aggrieysd by the said doings of said selectment he may apply to the superior court for jury to rs-aasaas the damages, and said court shali or- der . jury who shall bs summoned, and proceed in the same manner prescribed by law in case of highways laid out by the superior court, and if the damages shall not be increased by the jury, the applination shall Do dismissed with costs; but if aaid damages shalI be incpeased by the jury, ths court shall order the same to be paid with costs of application.

 Approved July 28, 1871.