TION, REPAIRING, AND PRESERVATION OF BRIDGES. levy tax to re tain bridges. S. L. 1856, ch. 133. The supervisors in any town in this state are Supervisors and empowered to levy and collect a tax on all authorized to rty of such town, for the purpose of rebuilding build and mainuitable and permanent bridges across any river, n any such town, whenever they shall deem it public interest and convenience, to rebuild, repair, such bridge: provided, that no such tax shall of three hundred dollars for any bridge, and not uch tax shall be levied and collected in any one he said towns; and provided further, that all the in levying and assessing such tax.1 Said tax shall be levied and collected whenever Tax levied and of supervisors shall decide, in the same manner es are levied and collected. collected as other money for erect Wherever it shall appear to the board of super- County superviounty that any one of the towns in such county sors may raise surably burthened by erecting or repairing any ing or repairing bridges in towns, or bridges in said town, such board of supervisors sum to be raised and levied upon the county as to defray the expenses of erecting or repairing ridges, or such part of such expense as they may nd such moneys, when collected, shall be paid to rer of the town in which the same are to be = applied by the supervisors of such town to the ich the same were raised. may be raised. 5. No board of supervisors shall, under the pro-Amount that preceding section, cause any sum exceeding one 3 to be raised and levied in any county in any one caution to be 7. The supervisors of any town may put up and Notices of pree expense of their town, in conspicuous places at posted on bridges y bridge in such town, maintained at public charge, by supervisors. of whose span is not less than twenty-five feet, a › following words in large characters: "One dollar ; or riding on this bridge faster than a walk.” 18. Whoever shall ride or drive faster than a walk Fine for riding or driving faster upon which such notice shall have been placed, and than a walk on shall forfeit for every such offense the sum of one bridge. 20. If any damage shall happen to any person, his Person sustain ois, that supervisors have no authority to appropriate funds in aid of the oll bridges, or to aid a private individual in the construction of a free Il to enjoin them for so misapplying funds for that purpose, is a proper e sustained.—[ Colton et al. v. Hanchett et al., XIII. Ils., 615. damages 1 insufficien ' recover e of town. team, carriage, or other property, by reason of the insufficiency f bridge, &c., or want of repairs of any bridge, or sluiceway or road, in any town in this state, the person sustaining such damages shall have a right to sue for and recover the same against such town, in any court having jurisdiction thereof; and if such damage shall accrue by reason of the insufficiency or want of repairs of a bridge erected or maintained at the expense of two or more towns, the action shall be brought against all the towns liable for the repairs of the same; and upon recovery of judgment the damages and costs shall be paid by such towns in the proportion in which they are liable for such repairs; and the court may, in its discretion, issue execution against each town for its proportion only.1 amage occaed through ect of over SECTION 121. If any such bridge, or sluiceway, or road, shall have been out of repair in consequence of the neglect or default he shall be of the overseer of highways of the district in which the same may le to town. be situated, then the town against which any judgment shall have been recovered by reason of such defective bridge, or sluiceway, or road, may bring an action against such delinquent overseer, and recover the amount of such judgment. s in highway but may be I to repair SECTION 122. All trees standing or lying on any land over elong to own-which any highway shall be laid out, shall be for the proper use of the owner of such land, or person otherwise entitled thereto, except such of them as may be requisite to make or repair the highways or bridges on the same land, or within one mile of the same; but no trees reserved for shade or ornament shall be used for such purpose. L. jons may SECTION 123. Any person owning or occupying land adjoining of highways, any highway may plant or set out trees on each side of said highway contiguous to his land; which trees shall not be set in the it trees on (1) An action against a town, on the Rev. Sts., c. 25, § 22, to recover damages for an injury received by reason of a defect or want of repair in a highway, which the town is by law obliged to repair, cannot be maintained by a party who goes out of the highway, because of the defect therein, into the adjoining land, and there receives an injury.-[ Tisdale v. Norton, 8 Metcalf, 388. Obstructions in a highway, though not on the traveled part, are defects for injuries caused, by which towns are responsible under the statute, (Rev. Sts., c. 25, § 22,) whether placed there by the owner of the soil over which the highway is laid, or by others.-[ Snow v. Adams, 1 Cushing, 443. In an action against a town, to recover damages for an injury, alleged to have been caused by a defect in a highway, occasioned by want of a rail or barrier, the town will be liable therefor, if such rail or barrier were necessary for the proper security of travelers, and would have prevented the happening of the injury complained of. A town is liable for an injury occasioned by a defect in a highway, where the primary cause of the injury is a pure accident, as for example, the failure of some part of a carriage or harness; provided the accident occur without the fault or negligence of the party injured, and be one which common prudence and sagacity could not have foreseen and provided against, and provided also, that the injury would not have been sustained but for the defect in the highway.-[Palmer v. Andover, 2 Cush., 600. Towns are bound to keep the margins of their highways reasonably safe. And, although the town will not be responsible, if a traveler voluntarily diverge from the traveled path and injury result, yet if he be forced into the ditch by accident, and injury ensue by reason of an obstruction lying there, the fown will be liable.-[ Cassedy v. Stockbridge, 21 Vermont, 391. It is only by force of statute that an individual who sustains special damages through No action lies at common law against a town for damages sustained through defects in In an action against a town for injuries in consequence of the insufficiency of a bridge, ay more than on shall cut do or shall be, s on the side of Me damages to SECTION 124. face any mile al willfully in guide post or y, or injure an y of a misdem exceeding fifty ding three mon SECTION 125. or diverting a glogs or timber her act, shall be verseer of highw s done, in his n ar of the roads SECTION 126. and bridges te, except whe een or shall be r cities, or vill SECTION 127. cupants, of any ghway, excepti ich any public and cultivate any their lands, it plant any road or publi Tad a protection margin or edge placed opposite shall be permitt Sons, to remain pervisors of any Owner or owner tection fence an Chap SECTION 1. laws of 1853, amended so as t through which the limits of the alter other high unless the road Approved M ten feet from the margin thereof; and if any Penalty for injuvn, destroy, or injure any tree that may have ry to same. planted or set out, or which shall have been such highway for shade, he shall be liable to he owner or occupant of such adjoining lands. Whoever shall willfully destroy, remove, injure, Penalty for injur ing or removing stone or mile board, erected on any highway, mile stone or jure or deface any inscription or device upon defacing inscripguide board on any highway, or remove, or de- tion thereon. such guide post or guide board, shall be deemed eanor, and on conviction thereof, shall be fined dollars, or imprisoned in the county jail not exths, in the discretion of the court. guide board, or bridges. Whoever shall injure any highway, by obstruct- Penalty for injury creek, water course, or sluiceway, or by draw-ing roads and on the surface of any road or bridge, or by any liable in treble damages, to be recovered by the ays of the road district within which the injury ame of office, to be expended by him in the rein his district. The provisions of this chapter relating to high- Provisions of this chapter to extend shall be construed to extend to all parts of the to all parts of the re special provisions, inconsistent therewith, have state except, &c. made by law, in relation to particular towns, coun ages. bordering on cultivate a hedge Whenever any owner or owners, occupant or The owner or oc- land or lands bordering upon any public road or cupant of land ing a street or alley in a town or village, through public road may e road or highway may pass, may wish to plant or live fence, &c. y hedge or live fence, along the margin of his, her, shall be lawful for any such person or persons to such hedge or live fence, precisely on the line of ic highway, and also to place on the margin of such n fence, not to occupy more than six feet of the of such road; and such protection fence, when any live fence or hedge, actually set or planted, ted by the overseer of highways, and all other perfor the term of seven years: provided, that the suy town may grant permission, in writing, to the rs of any hedge or live fence, to continue such prony term of time which they may deem necessary. ter 34, Acts of a general nature of 1858. but not discon Section eight of chapter forty-four of the session Supervisors may (section ninety of chapter nineteen,) is hereby alter state roads, to read as follows: The supervisors of each town tinue unless, &c. any state road shall pass, may alter the same within heir town in the same manner they are authorized to ghways, but they shall not discontinue any such road, d shall lie wholly within said town. March 24th, 1858. Beers of ways to give S. S. 1858. HAP. 34. p. 354. as to sup poor. I settle Chapter 104, Acts of a general nature of 1858. SECTION 1. Each overseer of highways shall, before he enters upon the duties of his office, execute to the board of supervisors of his town, if a majority of said board so require, a bond, to be filed by the town clerk, in such amount as shall be required by said board of supervisors, conditioned for the faithful discharge of the duties of his office and the proper application and payment of all moneys that may come into his hands by virtue of said office as provided by law.1 Es, how aced. Approved May 15th, 1858. CHAPTER XXXIV. OF THE RELIEF AND SUPPORT OF THE POOR. OF THE SUPPORT OF THE POOR BY THEIR RELATIVES AND BY SECTION 1. Every town shall relieve and support all poor stand in need thereof. SECTION 2. Legal settlements may be acquired in any town, so as to oblige such town to relieve and support the persons acquiring the same, in case they are poor and stand in need of relief, as follows: 1. A married woman shall always follow and have the settlement of her husband, if he have any within the state; otherwise her own at the time of marriage, and if she then had any settlement it shall not be lost or suspended by the marriage; and in case the wife shall be removed to the place of her settlement and the husband shall want relief, he shall receive it in the place where his wife shall have her settlement. 2. Legitimate children shall follow and have the settlement of their father, if he have any within the state, until they gain a settlement of their own; but if the father have no settlement, they 1 Form of bond of overseer of highways. Know all men by these presents that we, William Roe and Joseph Wood of day of The condition of the above obligation is such that if the above bounden William Roe shall faithfully discharge the duties of the office of overseer of highways for district number in said town of Grand Rapids, and shall properly apply and pay all moneys that may come into his hands by virtue of his said office as provided by law, then this obligation to be void; otherwise of force. Every minor and, has no set hole year in a ement in such t Every minor son, shall, imme by gain a settle element. Every settlem it shall be lost or by volunta ich such legal de year or upwa the happening former settlemen The provisions o begun to be a of this chapter SECTION 3. Bu ported therein a lement in such SECTION 4. T nt and care of a ain a town cha properly reliev chapter. SECTION 5. T ability, of an or decrepit, s charge, eir own Der as shall be ch person may SECTION 6. C maintain such isors of the town SU dge of the count der to compel days notice in wri ally, or by leaving Thom it may be d Some person of su Follow and have the settlement of their mother, ildren shall follow and have the settlement he time of their birth, if she then have any It neither legitimate nor illegitimate children ent by birth in the place where they were born, or parents had a settlement therein at the of full age who shall have resided in any town ole year, shall thereby gain a settlement in whose parent, and every married woman whose tlement in this state, who shall have resided any town in this state, shall thereby gain a town. who shall be bound as an apprentice to any diately upon such binding, if done in good faith, lement where his or her master or mistress has ment, when once legally acquired, shall continue st or defeated by acquiring a new one in this ary and uninterrupted absence from the town al settlement shall have been gained, for one ward; and upon acquiring a new settlement, or ng of such voluntary and uninterrupted absence, ents shall be defeated and lost. this section to give settlement. of this section shall apply to cases of settle- To what cases e acquired, lost, or defeated, before the provis-the er shall go into effect, as well as after. But no residence of a person in any town, while Residence as a as a pauper, shall operate to give such person a pauper not to h town. The supervisors in each town shall have the over- Town supervisors all poor persons in their town, so long as they harge; and it shall be their duty to see that they eved and taken care of in the manner required in to have charge of the poor. persons. The father, mother, and children, being of suffi- What relatives any poor person who is blind, old, lame, impo- to support poor so as to be unable to maintain himself, shall, at , relieve and maintain such poor person, in such be approved by the supervisors of the town where y be. to support poor persons. Upon the failure of any relative to relieve and Proceedings to ch poor person, it shall be the duty of the super-compel relatives wn where such poor person may be, to apply to the unty court where such relative may reside, for an such relief; of which application at least fourteen writing shall be given, by serving the same personing the same at the dwelling place of the person to e directed, in case of his absence therefrom, with suitable age. |