Penalty for Obstructing Highways, etc.

Encroachments on Highways.

Forfeiture for not removing Encroachments.

Chapter Twenty-Six of Revised Statutes of 1846.

(1086.) SECTION. 1. Whoever shall willfully obstruct any highway or navigable river, or fill up, or place any obstruction in any ditch, constructed for draining the water from any highway, shall forfeit for every such offence a sum not exceeding twenty-five dollars.

(1087.) SEC. 2. In every case where a highway shall have been laid out and opened, and the same has been, or shall be encroached upon by fences, the Commissioners of Highways shall make an order under their hands, requiring the occupant of the land through, or by which such highway runs, and of which such fences form a part of the enclosure, to remove such fences beyond the limits of such highway within sixty days, and they shall cause a copy of such order to be served upon such occupant; and every such order shall specify the width of the road, the extent of the encroachment, and the place or places in which the same shall be, with reasonable certainty.

(1088.) SEC. 3. If such encroachment shall not be removed within sixty days after service of a copy of such order, such occupant shall forfeit the sum of fifty cents for every day after the expiration of that time, during which such fence shall continue unremoved.

case Encroach

(1089.) SEC. 4. If the occupant upon whom a copy of such Proceedings in order shall be served, shall deny such encroachment, the ment be denied. Commissioners, or some one of them, shall apply to some Justice of the Peace of the county for a precept, which shall be issued by such Justice, directed to any constable of the county, commanding him to summon six disinterested freeholders thereof, to meet at a certain day and place, and not less than four days after the issuing thereof, to inquire into the premises; and the constable to whom such precept shall be directed shall give at least three days' notice to one of the Commissioners of Highways of the towuship, and to the occupant of the land, of the time and place at which such freeholders are to meet.

(1090.) SEC. 5. On the day specified in the precept, the jury mid. 80 summoned shall be sworn by such Justice, well and truly to inquire whether any such encroachment has been made as described in the order of the Commissioners, and by whom; and the witnesses produced by either party shall be sworn by the Justice, and the jury shall hear the proofs and allegations. which may be produced and submitted to them; and in case any person so summoned as a juror shall not appear, or shall be incompetent, his place may be supplied by a talesman as in other cases.

(1091.) SEc. 6. If the jury find that any such encroachment Ibid. has been made by the occupant of the land, or any former occupant thereof, they shall make and subscribe a certificate in writing of the particulars of such encroachment, and by whom made, which shall be filed in the office of the Township Clerk; and the occupant of the land, whether such encroachment shall have been made by him, or by any former occupant, shall remove his fences within thirty days after the filing of such certificate, under the penalty of fifty cents for each day after the expiration of that time, during which such fences shall remain unremoved.

(1092.) SEC. 7. If the jury find that any such encroachment Ibid. 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 a warrant 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 chattels of such delinquent, and make return thereof to such Justice within thirty days from its date; and the Justice, constables, jurors, and witnesses, shall be entitled to the same compensation as

368

If no Encroach

ment found,

paid by Complainant.

for other similar services in proceedings before Justices of the Peace.

(1093.) SEC. 8. If the jury find that no encroachment has damages to be been made, they shall so certify, and shall also ascertain and certify the damages which the then occupant shall have sustained by such proceeding; which damages, together with the costs of the proceedings, shall be paid by the complainant.

When Fence may not be removed.

Penalty on Occu

pant of Land for

fallen Trees, etc.

(1094.) SEC. 9. No person shall be required to move any fence under the above provisions, except between the first day of November and the first day of April, unless the same shall have been made within three months next before the making of the order for the removal thereof.

(1095.) SEC. 10. If any tree shall fall, or be fallen by any not removing person from any occupied land, into any highway, any person may give notice to the occupant of the land from which such tree shall have fallen to remove the same in two days; 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.

Liability for fall

ing Trees into Highway.

Penalty for Ob

etc.

(1096.) SEC. 11. 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 consent of the occupant, such person shall pay to the occupant of such land the sum of one dollar for every day the same shall remain in such highway, together with all other damages which such occupant may sustain, to be recovered as damages in an action of trespass, or on the case.

structing Rivers, (1097.) SEC. 12. Whoever shall obstruct the navigation of any river or stream, which now is, or may hereafter be declared a public highway, by falling any tree therein, or by putting into any river or stream so declared a public highway, any refuse lumber, slabs, or other waste materials, on conviction thereof, shall forfeit the sum of five dollars for any such offence.

may be raised fer

(1098.) SECTION 1. Whenever it shall appear to the Board When Moneys of Supervisors of any county that any one of the townships in Building Bridges. such county would be unreasonably burthened, by erecting or repairing any necessary bridge or bridges in such township, such Board of Supervisors may cause such sum of money 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 expenses as they may deem proper; and such moneys, when collected, shall be paid to the Township Treasurer of the township in which the same are to be expended, and be applied by the Commissioners of Highways of such township to the purpose for which the same was raised.

amount

(1099.) SEC. 2. No Board of Supervisors shall, under the Limitation o provisions of the preceding section, cause any sum exceeding one thousand dollars to be raised and levied in any county in any one year.

(1100.) SEC. 3. The Commissioners of Highways of any Commissioners of township, or Common Council of any city, or organized com-Common Council

Highways or

maintain Notice

may put up and pany or the Village Council of any village, may put up and on Bridges. maintain at the expense of their township, city, or company, or village, as the case may be, in conspicuous places, at each end of any bridge in such township, city or village, maintained at the public or company charge, and the length of whose chord is not less than twenty-five feet, a notice, with the following words in large characters: "One dollar fine for riding or driving over this bridge faster than a walk," and in case any such bridge shall be over one hundred feet in length, or shall have a draw or turn table therein for the purpose of opening the same, then such notice may be, "Five dollars fine for riding or driving on this bridge faster than a walk." (a)

Forfeiture for fast driving over Bridge.

Penalty for injuring Bridge.

Repairs, etc., of
Bridges.

(1101.) SEC. 4. Whoever shall ride or drive faster than a walk on any bridge upon which such notice shall have been placed, and shall there be, shall forfeit for every such offence, the sum mentioned in such notice, and the same may be collected in the name of such Highway Commissioners, city, company, or village authorities, as the case may be, or by criminal prosecution. (b)

(1102.) SEC. 5. Whoever shall injure any bridge maintained at the public charge, shall, for every such offence, forfeit treble damages.

(1103.) SEC. 6. If any bridge over a stream intersected by a highway, in any township of this State, has been within the last year, or shall hereafter be injured or destroyed by the occurrence of a freshet, or from any other cause, it shall be the duty of the Highway Commissioners of such township to proceed with all convenient despatch to repair or reconstruct such bridge, as the case may require, under the personal supervision of one of their number, or by letting a contract therefor under existing provisions of law: Provided, That application for such repairs or reconstruction shall first be made to such Commissioners in writing, signed by at least twelve freeholders of the township, and verified by the oath of such applicants, that the public interest requires such repairs or reconstruction: And Provided, That the sum to be expended for such repairs or reconstruction shall not in any one year exceed two hundred dollars in any one organized township. (c)

(a) (b) As amended by "An Act to Amend Sections Three and Four of Chapter Twenty-Seven of the Revised Statutes of Eighteen Hundred and Forty-Six, entitled, "Of the Erection, Repairing and Preservation of Bridges," Approved Jan. 29, 1857. Laws of 1857, p. 29.

(c) These three Sections were added to this Chapter by Act 137, of 1848, p. 171.