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Acquiring lands by


Appropriation of damages for highway taken.


when unnecessary.

§ 617. Any such company may acquire necessary lands by grant. The supreme court have power to authorize a grant of necessary real property vested in a person not having capacity to convey, in the same cases and manner as provided in respect to railway companies by section 426.' Whenever the land within a highway is necessary to be used, the supervisor and commissioners of highways of the town, or a majority of them, may, after obtaining the written consent of at least twothirds in number of all the residents on the part of the highway proposed to be taken, fix, by written agreement with the company, the damages to be paid therefor. Such agreement shall be filed in the town clerk's office. Except in actions commenced before the 18th of April, 1855, every such agreement shall be conclusively presumed to have been made at a regular meeting of the supervisor and commissioners."

'Modified from Laws of 1859, 465, ch. 208.

21 R. S., 1096, § 70; Ib., 1102, §§ 90, 91; Laws of 1855, ch. 546, § 3.

§ 618. Damages for lands forming part of a highway are to be paid to the commissioners of highways of the town, to be expended on the high

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§ 619. When a company has obtained by grant or agreement all the lands necessary in any county, it may construct the road in such county without making the application therein required by section

609. But before proceeding to do so, it shall cause an accurate survey of such part of the road to be made by a practical surveyor, signed by its president and secretary, and acknowledged by them (as a deed is acknowledged), and recorded in the county clerk's office; and also, if the road extends into another county, it shall first obtain authority to construct the road there.

1 R. S., 1098, §§ 69, 70.

right of way.

§ 620. The mode of proceeding to acquire the Acquiring necessary lands, when it is not done by agreement, is prescribed by the CODE OF CIVIL PROCEDURE.


pur- possession.

§ 621. After acquiring title to lands in any suance of the foregoing provisions, and not before, the company may take possession thereof and hold the same, subject to the provisions of this chapter. Ib., § 75.

and gardens

§ 622. No such road shall be laid out through Orchards any orchard of four years' growth, to the injury of the fruit trees; or any garden of four years cultivation, or any dwelling-house, or building connected with a dwelling-house, or any yard, or inclosures necessary thereto, without the consent of the owner.

Ib., § 73.

§ 623. No such company shall bridge any Streams. stream, except under the restrictions imposed by § 652 of this Code.

From Ib., § 73.


on turnpike roads.


on contracts for construction.

Quality of road.

§ 624. No plankroad company shall construct its road on the road of a turnpike company (except in case of crossings) without consent of the latter. When a plankroad is constructed on or adjoining any portion of a turnpike road, the company owning the latter may abandon such portion.

From 1 R S., 1098, § 74, amended 1857, ch. 613.

§ 625. No director shall be concerned, directly or indirectly, in any contract for making or working any part of the road belonging to his company; and no contractor, for making any part of such road, shall make a new contract for the performance of any part, other than by hiring services and implements, to be superintended and paid by himself, unless such new contract is first approved by the board of directors.

1 R. S., 1088, §§ 23, 24.

§ 626. Every such road shall be laid out at least four rods wide. The track of plankroads shall be constructed of timber, plank or other hard material. The track of turnpikes shall be bedded with stone, gravel, or such other material found on the line thereof, to the width of eighteen feet, and faced with broken stone or gravel, and with 'ditches on each side wherever practicable.

Both shall be so constructed as to permit vehicles to pass each other conveniently, and to pass off and on the track at all intersections of roads.

Every company that has once laid their road with plank may relay it, or any part of it, with broken stone, gravel, shells or other hard material, whereby they keep a good, substantial road.

1 R. S., 1104, $$ 96, 97; Laws of 1854, ch. 87, § 2, as
amended 1855, ch. 546.

§ 627. A mile-stone or post shall be maintained Milestones. by the company at every mile, with an inscription showing the distance from the commencement of the road. If the road commences at the end of any other road, having mile-stones or posts on which the distance from any city or town is marked a continuation of that distance shall also be inscribed.

Ib., 1088, § 21.

§ 628. A guide-post shall also be erected at every Guide-posts place where the road is intersected by a public road, with an inscription showing the name of the place to which such intersecting road leads, in the direction to which the name on the guide-post points.

Ib., § 22.

§ 629. When the road or three consecutive miles Inspection, thereof is completed, any two of the inspectors of turnpikes and plankroads in the county shall, on request of the company, inspect the same, and if satisfied that the road conforms to the requirement of the law they shall make a certificate thereof, which shall be filed in the county clerk's office. The inspectors are entitled to receive from the

company two dollars per day for their services. When only three consecutive miles of any plankroad are completed, the company shall not collect tolls for more than one year, unless the road or five consecutive miles are completed within the year.

1 R. S., 1104, § 99; 1105, § 105.

Erection of


Changing location of gates.

§ 630. Upon filing such certificate the company may erect one or more toll-gates, and collect tolls upon the road or such portion as is specified in the certificate. No hoist-gate shall hereafter be erected, and no toll-gate, gate-house or other building shall be put up by such a company within ten rods of the front of any dwelling-house, barn or out-house, without written consent of the owner thereof, except that n the county of Kings they may be put up at not less than seven rods therefrom. Any erection contrary to this section the county judge shall, on application, order to be removed.

1 R. S., 1104, § 101, first clause; 1105, § 106, first clause; 1106, §§ 107, 109; Laws of 1857, ch. 636.

§ 631. If the commissioners of highways deem the location of any gate, within their town or an adjoining town, unjust to the public interest, they may, on fifteen days' notice to the company, apply to the county court for a change of the location. After a hearing the court may make such order as it deems just, and enforce the same, if not appealed from, by attachment or otherwise.

1 R. S., 1106, § 112.

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