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Commutation.

Injuries and obstructions.

Encroachments.

falsely claiming exemptions was not repealed by the act of 1850 (1 R. S., 1106, § 108), which provided new qualifications for exemption, but imposed no penalty.

§ 639. Any company may commute, for a term not exceeding one year at a time, with any person, for the toll payable at the nearest gate on each side of his place of residence.

From 1 R. S., 1049, § 55.

§ 640. Any person who injures or obstructs, or causes any act which injures or obstructs, the roadbed, ditch, drain or culvert, or diverts any stream of water so as to endanger the same, is liable to a penalty of five dollars in addition to the damages. Any person who designedly leaves, or causes to be left, any material within any turnpike or plankroad in such a way as to obstruct or endanger travelers, and neglects to remove it within forty-eight hours after written notice from a director to do so, is liable to a penalty of ten dollars for every twenty-four hours of neglect after such notice.

Laws of 1855, ch. 485, §§ 1, 2.

§ 641. On application by an officer of any company, any inspector shall inquire into any alleged encroachment by any fence or other building upon the lands of the company, and, if found to exist, shall order it to be removed within a period to be specified by him, not less than twenty days nor more than ninety; but an encroachment shall

not be required to be removed between the first day of December and the first day of April ensuing, unless the same obstruct the free passage of the road. Every person who neglects to remove an encroachment within the time specified, is liable to a penalty of five dollars for every day of such neglect.

Laws of 1855, ch. 485, § 4.

how recov

ered.

§ 642. The penalties of this article are recover- Penalties, able, except where otherwise provided, by the company in respect of whose road they are incurred. An action for such penalties and an action for trespass on or injury to such roads, may be maintained in the county where the act was done or in that where the defendant resides. From Laws of 1849, ch. 250, § 9.

ARTICLE III.

INSPECTION AND REPAIRS.

SECTION 643. Inspection.

644. Closing gates.

645. Inspectors to report defects to company.

646. Enforcing obedience.

647. Fees.

§ 643. Every inspector to whom complaint in Inspection. writing is made that any part of a turnpike or plankroad in his county, or any part of such road the gate nearest to which is in his county, is out of repair, shall examine it without delay, and give notice of each defect, particularly describing the same to the person attending the gate nearest

Closing

gates.

Inspectors to report defects to company.

Enforcing obediencc.

thereto. After three days after the service of such notice the inspector may, in his discretion, order such gate to be thrown open.

1 R. S., 1092, §§ 44, 46.

§ 644. A gate so ordered to be opened shall not be shut, nor any toll be collected thereat, until one of the inspectors for the county has granted a certificate that the road is in sufficient repair, and that such gate ought to be closed. Any gatekeeper violating this section or the order given pursuant to the preceding section, is liable in a penalty of ten dollars for each offense, to be recovered by the party aggrieved.

Ib., ᎦᎦ 45, 47.

§ 645. Every inspector, who, upon due examination, discovers a defect in any such road within his county, or a gate placed in a situation contrary to law, shall give written notice thereof to one or more of the directors of the company, requiring the defective road to be repaired or the gate removed within a specified time; and in his discretion may order that in the meantime the gates, or such as he specifies, be thrown open.

Ib., 1093, §§ 48, 49.

§ 646. If such notice be not obeyed, the inspector shall make immediate complaint to the attorney-general or the district attorney for the county, who shall prosecute the company, in the name of the people; and if it is convicted of

having suffered the road to be out of repair, or having placed any gate in a situation contrary to the law, the company shall be fined in a sum not exceeding two hundred dollars.

1 R. S., 1093, § 50.

§ 647. The inspector to whom complaint is Fees. made shall be paid by the complainant, before he acts thereon, the sum of two dollars for each day to be spent by him in the inspection. If he adjudges the road to be out of repair, such fees shall be repaid by the company to the complainant. It is the duty of the toll gatherer nearest the road adjudged out of repair to pay on demand, and out of the tolls, the fees for which the company is liable to the complainant; and the same may be recovered, with costs, of such toll gatherer, if he neglects to pay them.

Ib., §§ 51, 52.

CHAPTER VI.

TOLL BRIDGES.

SECTION 648. Application by corporation for leave to erect.

649. The hearing on the application.

650. Action of the board of supervisors.

651. Use of highways.

652. Restrictions.

653. Channels of streams navigable by rafts to be kept clear.

654. Completion of bridge and rates of toll.

655. Persons exempt.

656. Penalty.

§ 648. Any bridge corporation shall, before constructing a bridge, publish a notice in at least one public newspaper in each county in which the

Applica

tion by corporation for

leave to

erect.

The hearing on the application.

Action of the board of

bridge or any part of it, is to be, or, if no paper is published therein, in an adjoining county, once in each week for six weeks successively, specifying the location, the length and breadth of the bridge, and the time at which the application hereinafter required will be made. After such notice it shall apply to the board of supervisors of the county, or of each county in which any part of such bridge is located, at any meeting specified in the notice, for authority to construct it. The application shall specify the location and the length and breadth of the bridge.

1 R. S., 1272, first part of § 6.

§ 649. On the hearing, any persons residing in the county or interested in the application may appear and be heard. The board may take testimony, or authorize it to be taken by any judicial officer of the county; and it may adjourn the hearing from time to time. A copy of the articles of association of the corporation, certified by the state engineer and survey or or by the clerk where they are filed, shall be attached to and filed with the application.

From 1 R. S., 1272, § 6; 2 Ib., 1014.

§ 650. If the board are then of opinion that the supervisors. public interests will be promoted thereby, it may, by the assent of a majority of all the members elected to the board, grant the application by an order entered in its minutes and particularly de

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