moneys collected or received for the use of his road, or in any manner to comply with the duties required of him by this act, he shall forfeit and pay a sum not exceeding ten dollars, to be recovered before any justice of the peace of the proper township to the use of his said road district.

$55. Whenever in the opinion of the board of commissioners the Bridges. public convenience shall require that a bridge should be built over any water course, they shall direct the supervisor to build the same, if they deem it expedient.

for building.

$56. The said supervisor shall advertise in the most public places Contracts in the county, the time and place he will contract with some fit person to build such bridge, which contract shall be in writing, signed by the parties contracting, and filed in the proper clerk's office.

$57. Bond and security shall be required from the undertaker of Bond. such bridge, which shall be approved by the board of commissioners.

tions may be

$58. The board may receive from individuals subscriptions and Subscripdonations as a contribution towards the building of such bridge, which received. shall be applied accordingly.

$59. The board may appropriate any money that may be in the Money ap county treasury belonging to the road funds, to the building of bridges propriated. in said county.

pervisor.

$60. Each supervisor shall cause all the hands in his district to Duty of su work the number of days required by law, or collect from each person two dollars for each day he fails to work, and keep an exact account of the work done by each man, and money collected for the use of roads, and return an accurate copy thereof to the clerk of the board of commissioners on the first Monday in January after his election, and pay to his successor when elected and qualified, on demand, all money collected as aforesaid, not expended upon his roads, which account he shall attest under oath.

$61. If any supervisor shall fail to compel the hands of his dis- Forfeiture trict to work out the full time required of them by law, or pay the for neglect. money required by this act, or shall fail to keep or return an accurate account of the work done, or money collected as aforesaid, or shall fail to pay over to his successor the money which may remain in his hands unexpended as aforesaid, he shall, for each offence, pay not less than ten nor more than fifty dollars, to be recovered in the name of the board of commissioners before any justice of the peace, for the use of his road district, which shall be paid by the justice collecting the same to the successor of said supervisor, and such successor is hereby authorized to collect all judgments obtained by his predecessor, as if they were obtained in his own name.

$62. Each supervisor shall be authorized to purchase, with mo- To buy neys in his hands, arising from fines collected from delinquents in his ploughs, &c. district, ploughs, scrapers, crow-bars, hammers, and other necessary implements.

county line

$63. When any public road shall be established, or has hereto-Road on fore been established, on a county line, the board of commissioners in their respective counties shall cause the same to be opened and repaired in the same manner as if the whole of said road was in the limits of the county.

pervisor

$64. In all cases, if the supervisor is unable to collect the road tax When sufrom any person within his district, from the goods and chattels of cannot col

lect tax.

Tax to be collected by

such person, or property assessed, agreeably to the foregoing provisions of this act, it shall be the duty of such supervisor to return a list of such delinquents to the board of commissioners of the proper county, which list shall be certified under oath by said supervisor to be correct. And the said commissioners at their next session shall thereupon furnish the collector of the proper county with a true copy of the list of all such delinquents, who shall thereupon proceed to sell collector. any property, real or personal, upon which such tax has been assessed by said board of commissioners, or so much thereof as will pay the tax, and all costs accrued thereon in the same manner, at the same time, and under the provisions, that the county revenue is collected in such cases; and when such collection is made the county commissioners shall order the same to be paid to the supervisor in the district in which such delinquent property has been returned, and said supervisor shall appropriate the money so collected as hereinbefore provided. And whenever the same person or property has been returned as delinquent, both for taxes assessed for general county purposes, and taxes assessed for road purposes, the real or personal property of such delinquent, or the property on which the tax assessed could not be collected, shall he sold for both taxes in one sum, and the amount so collected for road purposes shall be kept distinct and separate, and the county commissioners shall order it to be paid over to the supervisor of the district in which such person or property was returned as delinquent; and if a part only of the taxes shall be collected at such sale, a sum proportioned to the amount which the road tax bore to the tax for county purposes, shall be reApplication served and ordered to be paid over to the supervisor thereto entitled.

for new

roads.

What deem ed a legal fence.

$65. In all cases where application is made for the vacation or alteration of any road, or the location of any new road or cart-way, under the provision of this act, such applicant or applicants shall cause a sufficient recognizance to be given to the county, with sureties to the satisfaction of the commissioners, for the payment of all expenses of viewing such road or roads; and if the report of the viewers be favorable, such expenses shall be paid out of the county treasury; if their report be unfavorable, such expenses shall be paid by the persons who have recognized therefor; and if they shall refuse or neglect to pay such expenses when required by the commissioners to pay the same, such expenses shall be ordered by the commisssioners to be paid from the county treasury; and thereupon the commissioners, after giving due notice to the persons who shall have so recognized, shall commence action against them, or some of them, on the recognizance, unless sufficient cause shall be shown to the contrary, for the amount ordered to be paid by them, with the further costs of the notice, and the money shall be collected as in other cases, and paid into the county treasury.

AN ACT concerning fences and fence viewers.

1. All fences of four and a half feet high, and in good repair, consisting of rails, timber, boards or stone, or other matter or thing equivalent thereto, in the judgment of the fence viewers, within whose jurisdiction the same shall lie, shall be deemed legal and

sufficient.

ers to be

$2. There shall be elected at the annual election, three fence Fence viewviewers in each town or precinct, and if, for any cause, they should elected not be chosen at such election, they may be elected at any special election. Such fence viewers shall hold their office for one year, and until others are elected in their stead.

fences.

$3. It shall be the duty of fence viewers, on request, to view all To view fences in the same town or place for which they are chosen, and every fence by them, or a majority of them, adjudged good and sufficient, shall be considered as such, to all intents and purposes; and in all cases where the line upon which partition fence is to be made or divided is the boundary line of one or more towns, or partly in one town and partly in another town, a fence viewer or fence viewers, shall be taken from each town.

neglect.

$4. If any fence viewer shall neglect to attend, and do any of Penalty for the duties enjoined upon him by law, he shall forfeit and pay the sum of five dollars, for every such neglect, to any person who will sue for the same, with costs.

to certi

$5. In all cases in which fence viewers shall make a division of Proceedings fence, or shall estimate the value of any fence made or repaired, e seru. they shall certify the same, under their oath of office; which division or appraisal being recorded in the book of records, belonging to such town or place, by the clerk thereof, if the original be lost, an attested copy from such records, shall be used instead thereof, and shall be of equal validity with the original.

powers of

6. Where the lands or meadow of any two or more persons General shall join each other, each of them shall make and maintain a just fence viewproportion of the division or partition fence between them, except ers. such persons as shall choose to let their lands or meadows lay vacant and open; and in case any disputes shall arise, concerning the part or proportion of the fence to be made or maintained, by either party, the same shall be settled by the fence viewers of such town or place where such lands or meadows shall be situated, or any two of them, whose decision shall be conclusive. And if any person shall neglect or refuse to make and maintain his part and proportion of such fence, or shall permit the same to be out of repair, every such person shall be liable to, and shall pay, all and every such damages as shall accrue to his neighbor thereby, to be appraised and estimated by the fence viewers of the same town or place, or any two of them not interested therein, and to be recovered, with costs, in any court having cognizance of the same; and in case the party so neglecting or refusing, shall continue such neglect or refusal, for the space of one month after notice and request to make or repair such fence, then, and in every such case, it shall be lawful for the party injured or aggrieved thereby, to make or repair all the said fence, at the expense of the party so neglecting or refusing, to be recovered, with costs of suit, in any court having cognizance of the same; and in case any person who shall have made his proportion of any such fence, shall conclude or be disposed to throw up his said lands or meadow for common feeding, or to let the same lay open, he shall give three months' notice thereof, to the person in possession of the lands or meadow adjoining; and if such fence shall be removed without giving such notice, or before the expiration of the said three months, then, and in every such case, the person so removing, or

When fence destroyed.

When occu

for fe..ce.

causing such fence to be removed, shall be liable to make good all such damages, as the party injured or aggrieved by such removal shall sustain thereby, to be recovered as aforesaid, with costs. And if the person in possession of the lands or meadows so adjoining, after notice as aforesaid, and within the three months aforesaid, shall elect to have the said fence continued, the same shall not be removed, and the person so disposed to throw up his said lands or meadows for common feeding, shall have right to the value of his proportion thereof, of the person continuing to improve; and if they cannot agree on the value of such fence, the same shall be ascertained by the fence viewers, in the manner prescribed in the eighth section of this act, and on neglect of payment, after demand actually made, for the space of thirty days, the said party so ceasing to improve, shall recover the full value ascertained as aforesaid, of the person, of the lands so adjoining, by action of the case, with costs.

$7. In all cases where any partition fence shall be injured or destroyed, or carried away by floods or freshets, or by fire, every person who ought, by law, to make or repair the same, shall make or repair the same, or his just proportion thereof, within twenty days after he shall be thereunto required, by any person interested therein. And if any person shall neglect or refuse to make or repair his proportion of such fence, for the space of twenty days after such request as aforesaid, then, and in every such case, it shall be lawful for the party injured or aggrieved thereby, to make or repair all the said fence at the expense of the party so neglecting or refusing, and he may recover the same, with costs, in any court having cognizance thereof.

$8. When one of the owners of lands adjoining shall have bepant to pay gun to improve before the other, and shall have built a fence on the divisional line between them, and afterwards the other shall improve, and shall be advantaged thereby, the occupant, lessor, or proprietor of such land last begun to be improved, shall pay for one half of the partition fence between them, according to the value of it at the time he shall begin to improve; such value to be ascertained (in case they cannot agree) by the fence viewers, on application of either party, the other being notified to attend at the time of making such appraisement, which shall be set down and expressed in writing, and be signed by the fence viewers making the same, and delivered by them to such of the said parties as will receive the same. And if such occupant, lessor or proprietor as aforesaid, shall, after notice as aforesaid, and demand made for the space of sixty days, neglect to pay for a moiety of such fence, the proprietor of such fence, or person who made the same, shall and may recover the sum so ascertained by special action on the case, against such occupant, lessor or proprietor, notified and requested as aforesaid.

Division of fences.

Proceedings when fence connot be

built on line.

$9. All divisions of fence made by fence viewers, according to the provisions of this act, or made by owners of adjoining lands, in writing, witnessed by two witnesses, signed, sealed and acknowledged by the parties making the same, being recorded in the town or county clerk's office, shall be good and valid against the parties thereto, their heirs and assigns.

$10. Whenever it shall so happen that any dividing line between the lands of any persons, shall be so situated that a fence cannot be

built on said line, by reason of water, and the owners of the land cannot agree on a place to build the fence, either of the owners may call on the fence viewers, in such town where said land is situated, whose duty it shall be to notify the other owner or owners, when they will attend and examine said line, and if, on examination, the fence viewers find that a fence cannot be built or made to stand directly on the line between such persons' lands, it shall be their duty to survey a line, varying from the original line as little as possible, so as in their opinion, will be equitable between the parties, specifying what part of said fence on the line so run each shall make and maintain as their just proportion; which decision in writing, when recorded in the town or county clerk's office, shall entitle either of the owners of said lands to all the privileges of compelling the other owner to build his proportion of said fence, as is provided in this act. Provided, that no title under the statute of limitations shall ever be gained by either party to the land either may occupy, in consequence of varying said line for the purpose above mentioned.

ers.

S11. Each fence viewer shall be allowed one dollar and fifty cents compensaper day for his services, and seventy-five cents for a half day. And tion of viewin all cases, except where the same is otherwise ordered and directed, the fees shall be paid by the parties interested; and in all cases where the party or parties, whose duty it is to pay the fence viewers for their service, shall neglect to pay the same, for the space of thirty days after the service done, they may recover double fees, by action on the case, with costs, and each fence viewer may be a witness for or against another fence viewer, who was concerned with him in the same business or service.

made.

$12. That in case any two or more farms, situated in any neigh- May order borhood, shall have a slough, pond or stagnant water standing there- drain to be on, to the injury of the health of such neighborhood, or any farm, in case the owners can not agree, either party may apply to the fence viewers; and it shall be their duty to make an examination of the premises, and make a written order where a drain shall be made, and each owner shall bear an equal share of the expense, in proportion to the amount of land so drained, owned by him. In case any of the owners do not wish to improve said land, he shall not pay any share of such expense, until such time as he may improve; then it may be recovered by the person who first paid for such drain, in the same manner that is provided in this act.

mals may

run at large.

AN ACT to permit certain animals to run at large. S1. That all neat cattle, sheep, horses, (except stallions of the age What ani of two years,) and hogs, shall be permitted to run at large in this territory, at all times of the year, and the owner thereof shall not be liable for the damage which any such animal may do, unless the same be done upon enclosed ground, with a legal and sufficient fence, in which case such owner shall be liable in an action of trespass for all the damages done.