21. Selectmen to deliver copy of their certificate 50. When bridge is needed between two towns, to owner of land.

22. Consequences of omission.

23. Repeal of inconsistent laws.

the selectmen of either may petition.

51. Town may petition for a new apportionment

of expenses.

24. Mode of appointing commissioners by justice 52. If highway extend into two counties, &c.

26. Proceedings of commissioners, and order of court thereon.

27. Selectmen of adjoining towns to lay out highways on town lines, or erect bridges between towns.

28. How application to be made for such highways and bridges.

29. How notice to be given in such cases.

54.

application to be made to supreme court. Town benefited by road or bridge in another town may be compelled to contribute. Mode of proceeding.

Commissioners may determine grade of roads, &c.

55. May apportion expense of grading, and also of constructing road.

56.

Court to fix the time for opening highways to be worked, and to be used.

30. Powers and proceedings of selectmen in 57. Court may extend time for completing high

34. Opening road stayed. Court to fix the time 64. To whom discontinued highways belong.

of opening.

35. On refusal of selectmen to lay road, appli

cation to be made to county court.

65. Discontinued highways to be considered in assessing damages to lands to which they

are set.

36. Court to appoint commissioners.-Their 66. Allowance lands, in certain cases, to be con

proceedings.

37. Commissioners to survey highways and assess damages.

38. When report to be filed, and who may appear.

39. Copy to be filed in town clerk's office. 40. Powers of court on report.

sidered.

67. Benefits received to be taken into account. 68. Supreme and county courts may take real estate, easement or franchise of corporations for highways. Proviso.

69. Same subject. Powers of courts extended.

SECTION 1. The selectmen of the several towns shall have power, and it shall be their duty, from time to time, as the convenience of the inhabitants and the public good shall require, to lay out, alter and discontinue highways in their respective towns. (Sec. 1 of R. S.)

SECT. 2. All public highways shall be laid out and maintained, at least, three rods wide; but cross roads and lanes may be laid out of less width. (Sec. 2 of R. S.)

SECT. 3. The selectmen may also lay out cross roads or lanes, as pent roads; and may permit the erection of gates or bars across the same in such numbers and places as they may think proper; and may from time to time direct alterations in those respects; and all such directions shall be in writing and recorded in the town. clerk's office. (Sec. 3 of R. S.)

SECT. 4. All highways shall be laid out, made and repaired, and all damages to the owners of lands shall be paid, at the expense of the several towns in which they are located. (Sec. 4 of R. S.)

SECT. 5. All cross roads and lanes shall be deemed highways. (Sec. 5 of R. S.)

SECT. 6. The lands of individuals shall in no case be taken for the purpose of laying out, making, repairing or altering highways, or their rights be thereby injured, without just and adequate compensation, to be ascertained according to the provisions of the law. (Sec. 6 of R. S.)

SECT. 7. Where highways have heretofore been laid out, of a less width than the present law or the public convenience shall require, the selectmen may lay them out and open them wider; but the persons, whose lands shall be taken, or who are damaged thereby, shall be entitled to compensation, as in case of other alterations of highways. (Sec. 7 of R. S.)

SECT. 8. Where the survey of any highway, previously laid out, shall not have been properly recorded, or the record thereof preserved, or where, for any reason, the terminations and boundaries of such highway cannot be accurately ascertained, the selectmen may resurvey such highway, and cause the same to be recorded in the town clerk's office; but no fences or buildings, which shall have been erected and continued for more than twenty years, shall be removed, or the lands enclosed taken, for the use of the highway, without compensation as in other cases of altering highways. (Sec. 8 of R. S.)

SECT. 9. Whenever any highway shall be laid out or altered, either by the selectmen or by commissioners, as provided in this chapter, the same shall be accurately surveyed, and the courses, distances and width stated in such survey; and the selectmen or commissioners shall, at each termination of the survey, establish some permanent monument or boundary, or refer the same, by an accurate statement of the course and distance, to some permanent monument in the neighborhood, and shall, as far as practicable in the same way, establish the boundaries on the other parts of the highway, and all surveys shall describe such monuments and boundaries. (Sec. 9 of R. S.)

SECT. 10. Whenever any three or more freeholders in any town shall wish to have a highway, in such town, laid out, altered or discontinued, they may, by petition in writing, make application to the selectmen of the town for that purpose, in which case the selectmen shall appoint a time for examining the premises and hearing the parties interested, and shall give notice of such time to one or more of the petitioners, in the manner they may judge proper; and shall give notice to all persons, owning or interested in any lands through which the highway may pass, of such time and the time when they will hear and consider any claim for damages, either personally or by writing left with, or at the residence of, the owner or occupant. (Sec. 10 of R. S.)

SECT. 11. The selectmen, after examining the premises and hearing the parties, and deciding on the petition, shall return to the office of the town clerk the original petition, with their doings in

writing, stating the manner of notifying the parties and their decision; which shall be kept on file in the clerk's office. (Sec. 11 of R. S.)

SECT. 12. If the selectmen shall judge the public good, or the necessity or convenience of individuals shall require such highway to be laid out or altered, as claimed in the petition, and shall judge any person interested in lands, through which the highway shall be laid, entitled to damages, they shall propose to pay such person out of the town treasury, before the highway shall be opened, such sum as they shall judge he is entitled to. (Sec. 12 of R. S.)

SECT. 13. If the selectmen decide to lay out or alter the highway, they shall cause the same to be surveyed, as provided in the ninth section; and if they decide to discontinue a highway, such discontinuance shall be in writing, and set forth definitely the highway discontinued; and such survey or discontinuance shall be returned to the clerk's office. (Sec. 13 of R. S.)

SECT. 14. Every order of the selectmen, laying out or altering a highway, together with a survey thereof, and every order to discontinue a highway, shall be recorded in the town clerk's office in the town, in which the highway shall be located; and copies of all orders of any court, establishing, altering or discontinuing any highway, together with a survey of so much of the road, as may be in any one town, certified by the clerk of such court, shall be recorded in the town clerk's office of such town. (Sec. 14 of R. S.)

SECT. 15. Whenever any highway, or bridge on any stream, shall have been carried off or swept away by a flood of water, the selectmen of such town or towns, in which such damage shall have happened, shall have power to change such highway to lands adjoining, or the location of such bridge, so far only above or below the old site as may be necessary to avoid such obstruction, and may alter such highway so as to comport with such change of location, may discontinue such parts of the old road as are rendered unnecessary by such alteration, and may forth with open such new road for working, and for public travel. (Sec. 1 of No. 31 of 1850.)

SECT. 16. The selectmen shall, in all cases referred to in the preceding section, assess and tender to the party or parties aggrieved their damages, previous to the opening of such highway as aforesaid, and said party or parties shall have the same right and mode of appeal therefrom as is now provided for by law. (Sec. 2 of No. 31 of 1850.)

SECT. 17. When the selectmen of any town shall lay out or alter a highway in such town, they shall, in their order for that purpose, fix the time, and give notice thereof to the owner of the lands, through which it shall be laid, when he shall be required to remove his fences, timber, wood or trees; which, in case of enclosed or improved lands, shall not, without the consent of the owner, be less than six months, nor until compensation for damages to such lands shall be paid, if the sum offered by the selectmen shall be accepted, or the amount shall be awarded by referees, as provided in this chapter. (Sec. 24 of R. S.)

SECT. 18. When such highway shall be completed and laid open for the use of the public, the selectmen shall make a certificate of

that fact, signed by a majority of them, which shall be recorded in the town clerk's office; and the day, on which such certificate shall be recorded, shall be deemed the time of opening such highway. (Sec. 25 of R. S.)

SECT. 19. If any person interested in lands, through which a highway shall be laid or altered by the selectmen, shall not accept the proposal made by them for compensation for his damages, the selectmen may, in behalf of the town, agree with such person to refer the same to one or more disinterested persons, whose award shall be final; and such reference and award, and all proceedings in settling the damages, shall be stated in the doings of the selectmen, to be returned to the town clerk; and the town shall be held to pay to the person, who has sustained damages, such sum as may have been offered by the selectmen and accepted by him, or the sum which shall be awarded by such referees. (Sec. 15 of R. S.)

SECT. 20. If any person interested in lands, through which a highway shall be laid out or altered by the selectmen, shall not be satisfied with the sum offered, or if no sum shall be offered, and if the parties shall not agree to refer the same, he may, within sixtý days after the highway shall be opened to be worked, and not after, apply to a justice of the same county, living in an adjoining town, by petition in writing, for the appointment of commissioners to appraise such damages, and any number of persons, claiming damages on account of such highway, may join in such petition; but such application shall not delay the opening of the highway. (Sec. 16 of R. S.)

SECT. 21. When the selectmen of any town shall make their certificate, that a highway is opened, agreeably to the provisions of section twenty-five of chapter twenty, of the Revised Statutes, entitled, "of laying out and discontinuing highways and bridges," (§ 18 of this chap.) it shall be the duty of such selectmen to deliver to each owner of the lands, through which such highway is laid or altered, if the owner be known, a copy of such certificate, within six days from the time such certificate shall be left in the town clerk's office for record. If the owner be not known, such notice shall be delivered to the occupant of such lands, if any such be known. (Sec. 1 of No. 24 of 1845.)

SECT. 22. If no such notice be served upon the owner or occupant, as above required, the person interested in such lands may petition to a justice of the peace of the same county, for the appointment of commissioners, agreeably to the provisions of section sixteen of said chapter twenty of the Revised Statutes, (§ 20 of this chap.) at any time within one year after such certificate shall have been recorded. (Sec. 2 of No. 24 of 1845.)

SECT. 23. So much of section sixteen, of chapter twenty of the Revised Statutes, ($ 20 of this chap.) as is inconsistent with the provisions of this act, (§ 21 and 22) is hereby repealed. (Sec. 3 of No. 24 of 1845.)

SECT. 24. On the receipt of the petition, the justice shall appoint a time and place for that purpose, and shall issue a citation, stating the time and place of hearing, which, with the petition, shall be served on one or more of the selectmen, at least six days before

such time; and if the parties shall not agree to any other mode of appointing such commissioners, they shall be appointed in the following manner: the justice may make a list of eighteen disinterested freeholders of the town in which he resides; each party may object to six on the list, and out of the number not objected to, the justice shall, by lot, select three for the commissioners. (Sec. 17 of R. S.)

SECT. 25. The justice shall then, to the petition and citation, annex a commission, and issue the same to the commissioners so selected, directing them justly and impartially to appraise the damages sustained by the petitioner, in the premises set forth in the petition, and make return of their doings on oath to such justice, if the damages sustained by no one petitioner shall exceed forty dollars, by a day to be appointed in their commission, or to the county court in the same county at the next term thereof, if the damages, appraised to any one petitioner shall exceed that sum. (Sec. 18 of R. S.) SECT. 26. The commissioners shall be sworn justly and impartially to make the appraisal, and shall give notice to one or more of the selectmen, at least four days previous to the time appointed for that purpose, and shall, at the time appointed, proceed to view the premises and make the appraisal, and make their return, as directed in the preceding section, with a statement of their time and expenses; and the justice or the county court, as the case may be, to which the return shall be made, shall establish such appraisal, if no sufficient cause be shown to the contrary, and fix a time, within which the same shall be paid; and, if not paid within the time limited, may award execution for the same: if the amount of the appraisal shall be more than was offered by the selectmen, the petitioner may also recover his costs: if less than was offered, the court or justice shall allow costs to the town. (Sec. 19 of R. S.)

SECT. 27. The selectmen of two adjoining towns, a majority of the selectmen of each town assenting thereto, may, by agreement, lay out a highway on the line between such towns; or may, by agreement, erect a bridge over a river, creek or stream, between such towns; and if such highway shall then be laid out, or shall previously have been laid out on the line between the towns, they may agree what part of the highway shall be made and repaired by each town, and what share of the damages shall be paid by each; and, in case a bridge shall be erected between such towns, by agreement, the selectmen may agree upon the proportion which each town shall pay towards making such bridge, and keeping the same in repair. (Sec. 20 of R. S.)

SECT. 28. When the public good, or the necessity or convenience of the inhabitants shall require a highway to be laid out, altered or discontinued, on the line between two towns, any seven or more freeholders of such towns, or of the vicinity, may make application, by petition, to the selectmen of such towns, praying them to lay out, alter or discontinue such highway; and when the public good, or the convenience of the inhabitants shall require a bridge to be erected across a river, creek or stream, between two towns, any twenty or more freeholders of such towns, or other adjoining towns, may make application to the selectmen of such towns, by petition in