said to the purchaser after the time of redemption has expired, and any person interested therein may redeem the same by payment or tender to the county treasurer, for the use of the purchaser, of the amount for which the same was sold, with twelve per cent. interest thereon, within one year from the sale.

SEC. 8. The money so raised shall be applied under the direction of the court to make and repair such highways.

SEC. 9. A similar method may be pursued by said court to keep in repair highways running through said lands, in case the owners shall neglect to repair the same.

SEC. 10. The owners of such lands may call meetings and vote such sums of money for making and repairing highways as they may think proper, and choose officers for levying and collecting the same, as proprietors of common and undivided lands are by law authorized to do.

SECTION 1. In case any special damage shall happen to any person or to his team or carriage, by reason of the obstructions, insufficiency or want of repair of any highway or bridge in any town, the person injured shall recover his damage in an action against such town. (R. S., sec. 1.)

SEC. 2. The town shall have a remedy over against any surveyor of highways through whose fault or neglect the said damage happened. (R. S., sec. 2.)

SEC. 3. No town or other corporation shall be liable for any damage arising from any deficiency of any highway or bridge, if the weight of the load upon the carriage, exclusive of the carriage, shall exceed five tons. (Laws of 1844, chap. 145, sec. 1.)

SEC. 4. No town or other corporation shall be liable for any damage arising from any deficiency of any highway or bridge, if the weight of the load upon the carriage, exclusive of the carriage, shall exceed three tons, unless the felloes of the wheels of such

carriage shall be of the width of five inches or more. (Laws of 1844, chap. 145, sec. 2.)

SEC. 5. No town or corporation shall be liable to any person for any damage occasioned to droves of cattle by reason of the deficiency of any bridge, where the number of cattle on such bridge at the same time shall exceed twenty-five. (R. S., sec. 5.) SEC. 6. Upon the trial of any action for the recovery of such damage, it shall be incumbent on the plaintiff to prove the weight of such load or the number of cattle upon such bridge. (R. S., sec. 6.)

SEC. 7. Every town and surveyor of highways shall be liable for any damage arising from the snow encumbering the same, as from any other deficiency; and such surveyor and the selectmen shall have the same powers and be subject to the same duties in relation to such encumbrance, as in case of any other accident occurring to a highway. (R. S., sec. 7.)

1. Destroying highways, liability for. 3. Injuring railroads, liability for. 2. Extent of such liability.

SECTION 1. If any person shall wantonly or illegally injure or damnify any highway, causeway or bridge, by destroying or taking away any of the plank, timbers, stone or other materials thereof, or by digging any pit therein for gravel or clay, or for any other purpose, he shall on conviction be punished by fine not exceeding one hundred dollars, or by imprisonment not exceeding six months.

SEC. 2. Every person so injuring or damnifying any highway or bridge, shall be liable to the town for all damage done to the same, and for all damages to which such town may be subjected by reason thereof.

SEC. 3. If any person shall wilfully and maliciously obstruct the passing of any carriage on any railroad, or in any way injure said road or anything appertaining thereto, or any materials or implements for the construction or use thereof, such person and all who shall aid and abet such trespass, shall forfeit to the use of the corporation owning such road, for every such offence treble the amount of damages which shall appear on the trial to have been sustained thereby.

SECTION 1. The surveyor of highways may remove any timber, lumber, stones or other thing whatever placed or being in any highway or street to the encumbrance thereof.

SEC. 2. Such surveyor may, if he choose, give reasonable notice to the owner or person leaving any such encumbrance to remove the same; and upon their neglect or refusal to remove the same, or if they are unknown, he may make complaint thereof to a justice of the peace.

SEC. 3. Such justice shall cause notice to be given to the owner or person leaving the same, if known, of the time appointed by him to view such encumbrance; and after hearing such party, may upon his own view issue his warrant to the surveyor to remove the same, so far as he shall judge necessary for the public convenience, and to sell so much thereof as may be necessary to pay the legal costs taxed by him, and three times the price of the labor of removing the same, to be estimated by such justice.

SEC. 4. The surveyor shall have the same power and be governed by the same rules in making such sale as collectors of taxes in the sale of property distrained by them; and if the proceeds of such sale shall be insufficient to pay the sums specified in such warrant, the surveyor may recover the balance unpaid by action on the case against the person leaving the same.

SEC. 5. If any person shall place in any highway or street any timber, lumber, stones, or anything whatever to the encumbrance or obstruction thereof, he shall be liable to the town for all damages and costs which said town shall be compelled to pay to any person who has sustained damage by reason of such encumbrance or obstruction.

1. Buildings or fences in highways are 3. Gates across highways, in what cases

nuisances.

2. What cases are excepted.

allowed.

4. Court may remove such gate, when.

SECTION 1. If any building, structure or fence shall be erected or continued upon or over any highway, street or alley, so as to obstruct the same or lessen the full breadth thereof, it shall be deemed a public nuisance; and any person erecting or continuing the same shall be punished by fine not exceeding fifty dollars and costs of prosecution; and the court shall order and cause such building, structure or fence to be taken down or removed.

SEC. 2. The foregoing section shall not be construed to prohibit the erection of any watch house or structure for public use by the selectmen of any town, or any sign or awning erected in conformity to the regulations established by the police officers.

SEC. 3. The selectmen upon application may, by license recorded by the town clerk, permit any person to keep a gate upon any highway leading across any meadow or intervale land liable to freshets, at a place therein designated, under such restrictions as they may judge proper; and they may at any time alter or revoke such license.

SEC. 4. If any person shall think himself aggrieved by the grant of such license, he may apply by petition to the court of common pleas for redress, who shall cause such notice to be given to all persons concerned as they shall judge proper, and may affirm, alter or annul such license.

SECTION 1. Any town at a legal meeting may establish bylaws to prevent any person from wilfully riding or driving at a rate faster than a walk, over any bridge in such town which shall have cost one thousand dollars or more, and annex penalties not exceeding one dollar for the breach thereof, to be recovered in the name and for the use of the town.

SEC. 2. The proprietors of any toll bridge may make by-laws to prevent any person from riding or driving over such bridge at a rate faster than a walk, and annex penalties not exceeding two dollars for the breach thereof, to be recovered by the corporation for its own use.

SEC. 3. No such by-law shall be in force unless such town or corporation shall cause to be posted and kept up in some conspicnous place, at each end of said bridge, a board painted with a white ground containing in black letters the substance of such bylaws.

SEC. 4. All towns and other corporations in this State who now have or shall hereafter erect and maintain a covered bridge across any stream in this State to be used as a public highway, shall keep the travelled part thereof completely covered with snow during the winter season in each year when there is sufficient snow upon the roads in the neighborhood of said bridges for sleighing. (Laws of 1852, chap. 1281.)

SEC. 5. Any town or other corporation in this State who shall neglect or refuse to comply with the requirements of the foregoing section, shall be liable to indictment in the same way and manner as towns now are for neglecting to keep in good repair the highways within their respective limits. (Laws of 1852, chap. 1281.) SEC. 6. This act (the two preceding sections) shall take effect from and after the first day of November, 1853.