No person to than a walk on Proviso. Proviso. Draw in Hartford bridge, when not to be opened. Select-men may lay out ways. ers of land. whom to be paid. How ascertained. SECT. 9. No person shall ride or drive, any horse, horses, team or carriage of any kind, upon any bridge, for the passing of which a toll is by law receivable, on a faster gait than a walk, on penalty of forfeiting, for each offence, one dollar, to be sued for and recovered, by the person, persons or corporation, which shall be entitled to such toll. Provided always, that such person, persons or corporation, receiving such toll, constantly keep at each end of such bridge, in full view of passengers, a notification in the form following, to wit: "The riding or driving any horses, team, or carriages, on this brdge, in a faster gait than a walk, is by law prohibited." Provided also, the provision in this section, shall not extend to the bridges and causeway in the meadow in East-Hartford. SECT. 10. The draw in the bridge across Connecticut river, in the city of Hartford, for the passage of vessels up and down said river, shall not be raised for the passage of vessels, or for other purposes, between the hours of five and eight in the morning, on any day. SECT. 11. Be it further enacted, That the select-men of the respective towns, or the major part of them, may lay out such public highways, or private ways, as they shall judge needful, within their respective towns, first giving Notice to own reasonable notice to the owners of the land through which the same are to be laid out, or leaving such notice in writing at their place of abode, if within this state, to be present, if they see cause, at the laying out of such Damages, by ways; and the damage done to such person or persons, by laying out the same, shall be paid by the persons applying for such ways, if the same be for their private use only; but if such ways be for the common use of the inhabitants, or of the public, it shall be paid by the town ; and if the select-men and persons interested, cannot agree as to the damages done by laying out such way, the select-men shall apply to a justice of the peace, who shall appoint three judicious, disinterested freeholders, who, being sworn for that purpose, shall estimate and assess to each person injured, the damages sustained by him, in laying out said way; and a survey in writing, under the hands of the select-men, containing a particular description of such way, being made, accepted by the town, and recorded in the records of lands in such town, and satisfaction being made to the persons damnified, or the money deposited in the town treasury for their use, ready to be paid to them, when they shall apply for the same, according to the agreement, or estimate, made as aforesaid, such way shall be and remain for the use for which it was laid out. But no highway, or private way, laid out by the select Survey. Record. Time of ing ways open enclosure. men, in manner aforesaid, through any person's inclosure, laid through who shall declare himself aggrieved, by laying out the any person's same, shall be laid open or occupied, until the expiration of twelve months, after the laying out of such way, that such person may have opportunity to apply for relief as is hereinafter provided, and also have time to fence and secure his inclosure. County court may lay out when and how. highways, SECT. 12. When any new highway, or common road, from town to town, or place to place, within the same towns, where the select-men of that town neglect or refuse to lay out the same, shall be wanting, or where old highways or public roads, may with more convenience be turned or altered, any person or persons may make application to the county court within the county, where the highway or alteration is proposed to be made, for that purpose; which persons, so applying, shall, at least twelve days before the sitting of the court to which they shall make application, cause a citation to be served on one Citation. or more of the select-men of the town, within which the highway is moved to be laid out or altered, to appear, if they see cause, at said court, and make their ob jections, if any they have, against such highway's being laid out or altered; and thereupon, if no objections are offered against said application, or if the objections offered are adjudged insufficient, the court before whom such application shall be pending, shall appoint a committee Appointment of three disinterested freeholders, to enquire into the of committee. convenience and necessity of the highway or road, thus prayed to be laid out or altered; which committee, be- Committee to fore they enter on the duties of their appointment, shall be sworn. take the following oath, to wit: "You swear that you Form of oath. will truly and faithfully, and according to your best skill and judgment, perform the duties and services assigned you, in your commission: So help you God."And shall give twelve days' notice, to a majority of the select-men Notice. of the town or towns, in which such highway or road is proposed to be laid out or altered, of the time and place at which they will meet, for the purpose of entering on said service; and shall also cause a notification in writing of the time and place of such meeting, to be set upon a sign-post in such town or towns, at least twenty days before the time of such meeting; and if such committee shall be of opinion, that such highway or road, or alteration therein, will be of common convenience and necessity, they shall proceed to survey and lay out the same, Survey and and assess the damages which will thereby accrue to in- laying-out of dividuals; and shall, thereupon, make their report in highway. writing, of their doings, and return the same to such Report. court. And all persons interested or affected, by the ested may remonstrate. Jury. By whom summoned. Persons inter laying out or altering of such road or highway, shall have liberty to appear before said court, and remonstrate or object against the acceptance of said report, and on the hearing thereof, shall be at liberty to shew, that the laying out or altering such road, is not of common convenience or necessity, as well as that it will be injurious to individuals, and ought not to be accepted in other reReassessment spects; or, if any person shall complain of the assessment of damages. of damages, he may move for a jury to reassess the same; and if, upon a hearing of the objections to the report of the committee, the court shall be of opinion, that it ought not to be accepted, they may reject the same; but if the court shall be of opinion, that such report ought to be accepted, then, before the acceptance thereof, if a jury be moved for to reassess the damages, they shall order such jury, to consist of six disinterested freeholders, to be drawn from the boxes of such towns in the county where the application is made, as the court shall direct; and said jury shall be summoned and attended, by the sheriff of said county, personally, or in case of his being interested, or otherwise incapacitated, by such deputysheriff in the county, as the court shall direct; and shall be legally sworn, a certificate of which shall be annexed Their powers. to their report. And the powers of such jury shall be confined to granting relief to the person or persons making said application, by the reassessment of damages only. And the court to which the doings of said jury are returned, shall have power to set the same aside, if, upon exception taken, it shall appear to said court, that said jury have been improperly summoned, or have conducted corruptly; otherwise, the doings of said jury shall be conclusive as to the assessment of damages: And if the court shall set aside the report of the jury, they shall order another jury to reassess the damages, in manner aforesaid. And if it shall appear to the sheriff, or such deputy, as aforesaid, after he has drawn said jurors from the lease disquali- boxes as aforesaid, that any of them are taxed in the town fied jurors, and or towns where said road lies, or own real estate therein, summon othor are connected with any of the applicants for said jury, by blood or marriage, in such manner as would, by law, prevent a judge from acting or giving sentence between party and party, the sheriff, or such deputy, as aforesaid, shall release said persons, and return their names into the box whence drawn, and summon others to supply their places, who are not interested or connected as aforesaid. If, on the return of the report of said jury, accepted by the court, it shall appear, that there was no cause of complaint, and such jury shall not increase the damages allowed by the committee to the applicants, then the court shall ac Power of the court to set aside reassess ment. Power of the sheriff to re ers. cation, by whom to be recorded. cept the report of the committee, and shall order the ap- Costs of appliplicants for the jury, to pay the costs of the application; but if such jury, in the reassessment of damages, shall in- paid. crease the damages to the applicants, the report of the committee shall be accepted, and the damages so assessed In what cases shall be allowed, with the costs of application, to be paid report to be by the town; or if no objection be made to the report of accepted and the committee, it shall be accepted; and when so accepted, in either of the cases aforesaid, and approved by the court, the report shall be recorded, and said highway shall be and remain a public highway; and the expense Expense and of laying out the same, and the damages sustained by damages, by persons thereby, shall be paid by the town in whose lim- paid. its it shall be laid out; and said court shall direct when said highway shall be opened, and when the damages assessed shall be paid; and upon the neglect of the town to make payment thereof, to the persons to whom the same, or any part thereof, shall be ordered, the said court shall direct a scire-facias against the select-men of Remedy by said town, to shew cause why execution should not be scire-facias. awarded against them; and upon their neglect to show sufficient cause, shall award execution against them, for the charges aforesaid, with additional costs. SECT. 13. If any person shall be aggrieved by the doings of the select-men in laying out a public or private way, or by the estimate of the damages, such aggrieved person may, within eight months after the same is laid out, apply to the county court in the county wherein such way is laid out, for relief, causing said selectmen to be duly cited to shew reason, if any they have, why such relief should not be granted; which court may make enquiry, by a committee, or otherwise, into the convenience and necessity of such way; and if they shall find, that it is not of common convenience and necessity, they shall set aside the laying out of such way, by the select-men; but if they shall find, that such way is of common convenience and necessity, then, if application be made for a jury to reassess the damages, they shall order such a jury to proceed in the same manner, as in case of highways laid out by a committee; and if the damages allowed to the applicants shall not be increased, by the jury, then the application shall be dismissed, with costs; but if such damages shall be increased, by the jury, then the court shall order the same to be paid to the applicants, with the costs of application. SECT. 14. If the select-men of any town, upon application to them made, shall refuse or neglect to lay out such private ways, as may be necessary for any inhabitants of said town, the county court is hereby empowered, whom to be Relief for persons aggrieved by doings of select-inen. In what cases the county court may lay out private ways. Expense and damages, by whom to be paid. Highways in cities or boroughs, how to be laid out. upon application, to cause such ways to be laid out, as may appear necessary, in the same manner, as public highways are by this act directed to be laid out, and order the expense of laying out the same, and damages sustained by any person thereby, to be paid by the persons applying for such ways, if the same be for their use only; but if for the common use of the inhabitants, then to be paid by the town. SECT. 15. Whenever any new highway, or common road, shall be wanted within the limits of any city, or borough, for the special convenience of said city or borough, but not for common convenience or necessity, any person or persons, being an inhabitant or inhabitants of said city or borough, may prefer a petition therefor to the county court within the same county, which person or persons, shall, at least twelve days before the sitting of the court, to which the petition shall be preferred, as aforesaid, cause a citation to be served on the clerk of the city or borough, as the case may be, within whose bounds the same is prayed to be laid out, to appear, if they see cause, and object to the laying out of said highway; and thereupon said court, and the committee, (if the court shall appoint a committee to enquire into the convenience and necessity of such highway,) shall proceed in the same manner, as is herein before provided, in regard to highways prayed to be laid out at the expense of towns; said committee giving the same notice, to the clerk of the city or borough, as the case may be, of the time and place of their meeting, as in the latter case is provided to be given to the select-men. And if the court shall approve the report of the committee laying out such highway, the same shall remain a public highway; and the expense of laying out the same, and the damages sustaindamages, by ed by any person or persons thereby, shall be paid by the city or borough, within whose bounds it shall be laid out; and upon their refusal or neglect to make payment thereof, to such person or persons, the said court shall issue a scire-facias against the mayor and common council of said city, or against the warden and burgesses of said borough, to shew cause, why execution should not be awarded against them, and upon their neglect to show sufficient cause, shall award execution for such expense and damages, with additional costs. Expense and whom to be paid. Remedy by scire-facias. Power of se lect-men to discontinue certain high ways. Persons ag grieved there SECT. 16. The select-men of any town, may, with the approbation of such town, discontinue any public highway, or private way, which may have been laid out by them, or their predecessors in office; and if any person shall be aggrieved, by the doings of the select-men, in discontinuing a highway, an appeal shall be allowed to the |