Imágenes de páginas
PDF
EPUB

CHAP. 25.

Only one indictment against a town, at the same

term of a court.

Costs.

1836, 216, § 1, 2.

Courts to ap

point agents to

expend fines in

repairing roads. 1821, 118, § 20,

21.

1825, 300, § 6.

Penalty for such

1825, 300, § 6.

SECT. 91. Only one indictment shall be presented, at any one term of any court, against any one town, for neglect of opening highways, or town ways, or keeping them in repair; but as many counts may be inserted in the same, as shall be necessary, to describe all the portions of ways, alleged to be deficient. At the term when such indictment is found, the prosecuting officer shall not be permitted to tax a greater number of days attendance, than the grand jury were in session, at that time.

SECT. 92. All fines imposed on any town or plantation, for deficiencies of the ways and bridges in the same, or on any surveyor for the like cause, shall be appropriated to the repairing of such defective ways and bridges. The court, imposing such fine, shall appoint one or more persons to superintend the collection and application of the same to the purposes aforesaid; and the agents, so appointed, shall, within three months after collecting any such fine, make a return of their doings to the clerk's office of said court, to be put on file, and be opened for the inspection of the parties interested, and subject to be audited and corrected by the court, on application of any such party.

SECT. 93. If any such agent shall be guilty of gross neglect, agent's neglect. in the premises, or shall, fraudulently, misapply or retain the amount of the fine, so paid him, he shall forfeit double the amount of such fine, to be recovered by indictment, to the use of the town or plantation, in whose limits said fine was to be expended.

Assessment and collection of

fines.

SECT. 94.. Whenever a fine shall be imposed on any town or plantation, for deficiency of its ways or bridges, the clerk of the 1825, 300, § 4. court, imposing the fine, shall forthwith certify the same to the assessors of such town or plantation. The assessors, thereupon, shall assess the same upon the polls and estates of such town or plantation, like other town taxes; and certify the same to the clerk of said court; and shall cause the same to be collected by their collector, and paid over to the agent aforesaid, at such time, as said court may order.

Clerk may issue a warrant, to

enforce collection.

SECT. 95. Should the same, when assessed, not be paid within the time limited by the court, the clerk, on application of such agent, may issue his warrant to enforce the collection thereof, as 1825, 300, § 4. the treasurer of the state is authorized to issue warrants, to enforce the collection of the state tax.

If assessment be not made,

nor road repair

ed, warrant of

distress to issue.

SECT. 96. If such assessors shall neglect to make such assessment, and to certify the same to the clerk of the said court, and such town or plantation shall not cause the defective way or bridge to be repaired, to the acceptance of the agent, and pay the costs of 1825, 300, § 5. prosecution to the clerk,. within four months after notice of such fine, the court may issue a warrant of distress against such town or plantation, for the collection of the fine and costs, or such part of the same, as may be in arrears.

Any person may remove fences,

not authorized,

across a road. Remedy.

1821, 118, § 25.

3 Fairf. 32.

SECT. 97. It shall be lawful for any person to take down or remove any gates, rails, bars or fence, upon or across any highway, or town way, unless the same shall there be placed for the purpose of preventing the spreading of any infectious disease, or unless the same shall have been erected or continued, by the license of the county commissioners for the same county, or of the selectmen of

the town; and any person aggrieved by such taking down or CHAP. 25 removal, may apply to the said commissioners, or said selectmen, respectively, who, if it shall appear that such gates, rails, bars or fence, were erected by license, as aforesaid; may order the same to be replaced by the person, who removed them.

ses.

1821, 118, § 25. 1831, 495.

7 Mass. 378.

SECT. 98. Whenever any logs, lumber or other obstructions Surveyor to reshall be, unnecessarily, left on any highway or town way, it shall move obstructions. Remedy be the duty of the surveyor, within whose limits the same may be for the expenso left, or, in his absence, of any other surveyor, within the town, forthwith to remove the same. Such surveyor shall not be liable for any loss or damage, happening thereto, unless occasioned by his gross negligence, or by design. The surveyor, so removing the same, if no person appear to indemnify him, for the expense and trouble of removing, may sell at public vendue, so much of said logs, lumber or other obstructions, so removed, as shall be sufficient for that purpose, with charges of sale; first giving notice of the time, place and cause of such sale, by posting up notifications in two public places in said town, seven days at least prior to such sale. The person, through whose neglect or wilful default, said logs, lumber or other obstructions shall be so left, shall also be liable to be prosecuted, as at common law, for such nuisance.

or fences are

SECT. 99. Whenever any building, fence, or other incumbrance, When buildings erected, or continued, on any highway, or town or private way, adjudged nuicommon, training field, burying place, landing place, or other land sances on roads, appropriated for public uses, or for the convenience of the inhabit- mode of obtaining pay for reants of any county, town, parish or other local district, shall be moval. adjudged and determined, a nuisance, and ordered to be abated, 1821, 118, § 26. and the materials of such building, fence or other incumbrance, upon å sale thereof by auction, shall be insufficient to pay the costs and charges of prosecution and removal, the court, from which the process for removal shall issue, may order the deficient sum to be raised and levied, from the goods and chattels of the party, who shall be convicted of erecting, or continuing, such nuisance.

or fences are to

1821, 118, § 27.

SECT. 100. Where buildings or fences have been erected, or When buildings continued, for more than twenty years, fronting upon or against any or deemed training field, burying place, common, landing place, highway, pri- boundaries of vate way, street, lane, or alley, and, from length of time, or other- roads. wise, the boundaries thereof are not known, or cannot be made 1836, 238. certain by the records, or by any monuments, such fences or build-17 Pick. 309. ings shall be deemed or taken to be the true boundaries thereof; but, when such boundaries can be made certain, no length of time, less than forty years, shall justify the continuance of a fence or building, on any town or private way, or on any highway, training field, burying place, landing place, or other land appropriated for the general use or convenience of the inhabitants of the state, or of any county, town, or other local district; but the same may, upon the presentment of a grand jury, be removed as a nuisance.

cation of roads,

SECT. 101. If, on the trial of any indictment, or action brought Towns estopto recover damages for an injury received, by reason of any defi- ped to deny lociency or want of repair, in any highway, town way, causeway or in certain cases. bridge, it shall appear, that the county, town or plantation, against 4 Greenl. 270. which such suit is brought, has, at any time within six years before 5 Greenl. 368.

2 Greenl. 55.

3 Pick. 408.

CHAP. 25. such injury, made repairs on such way or bridge, it shall not be competent for such county, town or plantation, to deny the location thereof.

Guide posts.

SECT. 102. Every town shall erect and maintain guide posts on 1821, 120, 1. the highways and other ways, within the town, at such places, as shall be necessary or convenient, for the direction of travelers, in the manner hereinafter provided.

Selectmen to direct where they shall be lo

cated. Penalty

for their neglect.

SECT. 103. The selectmen of each town shall determine upon such places, for the erection and maintenance of guide posts therein, as, in their judgment, shall be found necessary and convenient; and shall cause a fair record of their determination to be entered 1821, 120, § 2, 4. and kept, on the books of the town clerk. For any unreasonable neglect of their duty, the selectmen, for the time being, shall forfeit and pay to the use of the state, at the rate of five dollars a month, during such neglect, to be recovered by indictment.

Form and inscriptions; substitutes.

SECT. 104. At each place, thus determined upon and recorded, the town shall cause to be erected, a substantial post, of not less 1821, 120, § 3. than eight feet in height, near the upper end of which shall be placed a board or boards, upon which shall be legibly and plainly painted, in black letters upon a white ground, the name of the next town on the route, and such other town or place of note, as the selectmen shall think proper, together with the distance or number of miles to the same; also the figure of a hand, with the fore finger thereof pointing to such town or place. Provided nevertheless, that the inhabitants of any town, at any annual meeting, may agree upon some suitable substitute for such guide posts.

Fines for neglect of towns. 1821, 120, § 4.

Plantations sub

ject to like ob

ligations.

1821, 120, § 1,

3, 4.

2,

Proprietors of private ways may call meetings.

SECT. 105. Every town, which shall neglect or refuse to erect and maintain such guide posts, or some suitable substitutes therefor, in the places recorded and determined on, as aforesaid, shall forfeit and pay, to the use of the state, five dollars, for each and every guide post, they shall so neglect or refuse to erect and maintain, to be recovered by indictment.

SECT. 106. Every plantation, assessed in any public tax, shall be under the same obligations to erect and maintain guide posts, as towns are, by virtue of this chapter, and subject to the same penalties for neglect. The duties required of selectmen of towns shall be performed by the assessors of such plantations under the like penalties.

ARTICLE V. OF MAKING AND REPAIRING PRIVATE WAYS. SECT. 107. Whenever any four or more persons shall be proprietors and rightful occupants of any private way or, bridge, and any three of them shall make application in writing to a justice of 1821, 119, § 1. the peace, to call a proprietors' meeting, the said justice may issue his warrant therefor, setting forth the time, place and purpose of the meeting; and said warrant shall be posted up in some public place in the town, in which such way or bridge is situate, seven days at least before the time, appointed for said meeting.

Proceedings and powers, when assembled.

1821, 119, § 1.

SECT. 108. The proprietors and occupants, so assembled, shall choose a clerk and surveyor, both of whom shall be sworn. They may also determine the manner of calling future meetings, what repairs on said way or bridge are necessary, and each proprietor's

and occupant's proportion of labor and materials, to be furnished for CHAP. 25. such repairs. The surveyor shall have the like powers, with respect to such way or bridge, as are lawfully exercised by the surveyors of highways.

prietors.

SECT. 109. If any proprietor or occupant, when duly required Penalties on deby the surveyor, shall neglect or refuse to furnish his proportion of linquent prolabor or materials for the repair of such way or bridge, determined 1821, 119, § 1. on, as provided in the section preceding, he shall be subject to the like penalties, as are provided, in case of highways, and to be recovered in like manner.

SECT. 110. If any surveyor, thus chosen by said proprietors or `Penalty, if suroccupants, shall refuse or neglect to accept that trust, and to take veyor refuse to the oath aforesaid, he shall forfeit the sum of four dollars, to be 1821, 119, § 2. recovered in manner aforesaid.

accept.

SECT. 111. The said proprietors and occupants, at any legal Proprietors may meeting called for the purpose, may authorize their surveyor, or make repairs by contract, and any other person, to contract by the year, or for a shorter time, raise money. for making and keeping in repair any such way or bridge, to them 1821, 119, § 3. belonging; and for that object may raise such sum of money, as they may judge necessary, and choose assessors; who shall assess the same on the said proprietors and occupants, in proportion to their interest in such way or bridge; and who shall deliver the bill of such assessments to the said surveyor, with proper warrants of distress, in substance, as is prescribed by law for collecting town taxes. SECT. 112. Such surveyor may levy and collect all taxes for the purpose aforesaid, in the same manner, as surveyors of highways may be empowered to collect highway taxes, by virtue of section, seventy eight, of this chapter.

SECT. 113. If any such surveyor shall refuse or neglect to pay over the moneys so collected, to such persons, as he, in his warrant of distress, shall be required, when demanded, he shall be liable to the same penalty, as is provided in section, eighty, of this chapter, in case of surveyors of highways, failing to pay over moneys to the town treasurer, in like circumstances, to be recovered in a like action.

Surveyor may

distrain for such taxes.

1821, 119, § 3.

Penalty for his neglect.

1821, 119, § 3.

forfeitures.

1821, 119, § 2.

SECT. 114. All suits, brought to recover forfeitures, under the Recovery and one hundred ninth, one hundred tenth, and one hundred thirteenth appropriation of sections of this chapter, shall enure to said proprietors and occupants; and the amount recovered shall be expended on such private way or bridge. In all processes, pertaining to such suits, it shall be sufficient, to describe such proprietors and occupants, in general terms, as the proprietors and occupants of such way or bridge, the same to be clearly described therein; and the validity of such processes shall not be affected by any change of the plaintiffs, arising by death of any of them, or other transfer of interest.

ARTICLE VI. OF THE LIABILITY OF OCCUPANTS OF STATE

LANDS, FOR REPAIR OF ROADS.

state lands to be

SECT. 115. When any land, the title of which is in the state Occupant of of Maine, is in the occupancy or possession of any person under taxed, in prothe state, he shall be liable to be assessed therefor, in the same portion to his manner, as if the title were in the occupant or possessor; but the 1839, 391, § 1, 2.

interest.

CHAP. 25. assessors of any town or plantation, where any such lands may lie, shall, in estimating the value thereof, deduct the amount due the state, so that the possessor or occupant shall be taxed only for his interest therein, according to its just value.

Manner of enforcing payment.

SECT. 116. The right and interest of any person to any lands, the fee of which is in the state, shall be held liable for all taxes, assessed thereon; and the said interest shall be forfeited, if the taxes, assessed thereon, be not paid, in the same manner as real estate is forfeited. And in all assessments on such lands, or on the interest of any person in such lands, whether by the county commissioners, for making or repairing highways, or by the assessors of any town or plantation for any legal purpose, the same proceedings shall be had, in the assessment and collection thereof, as if the state had no claim to said lands; and any person interested shall have the right to redeem the same, in such manner, as is provided for redeeming real estate taxed.

Travelers with

vehicles, meet

ing on the road,

to pass to the right.

1824, 245, § 1.

Modification of this rule.

1824, 245, § 1.

CHAPTER 26.

OF THE LAW OF THE ROAD.

SECT. 1. Travelers with vehicles, meeting | SECT. 7. Stage drivers, not to leave horses

[blocks in formation]

SECTION 1. Whenever any persons shall meet each other, on any bridge, turnpike, or other road, traveling with carriages, wagons, carts, sleighs or other vehicles, each person, so meeting, shall seasonably turn or drive his carriage or other vehicle to the right of the middle of the traveled part of such road or bridge, when practicable; so that the respective carriages, or other vehicles aforesaid, may pass each other, without interference.

SECT. 2. Where it is difficult or unsafe for persons traveling, with any of the aforesaid carriages or other vehicles, on account of their being heavily loaded, or otherwise, to turn or drive their carriages, or other vehicles, to the right of the middle of such traveled part, as aforesaid, any person, thus prevented, when meeting with any other person traveling with any of the carriages, or vehicles aforesaid, shall stop a reasonable time at a convenient part of the road, to enable such other person to pass by.

SECT. 3. Whenever any person, traveling with any carriage or Duty, when one traveler wishes vehicle, as aforesaid, on any bridge or road, shall overtake any to pass another. other person, with any such carriage or vehicle, either stationary at 1824, 245, § 2.

« AnteriorContinuar »