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master, boatman, navigator or other person in charge of any boat or float, is chargeable on such boat or float, and an action for it may be brought against any person having possession or charge of the same at the time of commencing the suit.

1 R. S., 513, § 265.

be detained.

§ 606. In any action, for such penalty or for- Beat may feiture, the magistrate issuing the process may therein direct the officer executing it to detain the boat or float, its furniture and horses, until the suit is determined or adequate security given for payment of any judgment that may be recovered. Ib., § 266.

or selling

same.

§ 607. If such security is given, or the defend- Releasing ant prevail, the same shall be released. Otherwise, if judgment is recovered and is not immediately paid, with costs, an execution shall be issued, under which the same may be sold as if the judgment had been obtained against the owner.

Ib., § 267.

actions Reference

§ 608. Other provisions, applicable to for such penalties, are contained in the "Fiscal

Laws."

to fiscal laws.

CHAPTER V.

TURNPIKES AND PLANKROADS.

ARTICLE I. Construction of turnpikes and plankroads.

II. Use of turnpikes and plank roads, and obstructions thereon.
III. Inspection and repairs.

Application by corpora

ARTICLE I.

CONSTRUCTION OF TURNPIKES AND PLANKROADS.

SECTION 609. Application by corporation for leave to construct.
610. Special meeting of supervisors.

611. The hearing on the application.

612. Action of the supervisors.

613. Road extending into several counties.

614. Laying out of the road.

615. Compensation of the commissioners.

616. Branches and extensions.

617. Acquiring lands by grant.

618. Appropriation of damages for highway taken.

619. Application, when unnecessary.

620. Acquiring right of way.

621. Taking possession.

622. Orchards and gardens.

623. Streams.

624. Plankroads on turnpike roads.

625. Restriction on contracts for construction.

626. Quality of road.

627. Mile-stones.

628. Guide-posts.

629. Inspection.

630. Erection of gates.

631. Changing location of gates.

632. Appeal.

633. Abandonment of road.

§ 609. Any turnpike or plankroad company,

tion for before constructing a road through any part of

leave to construct.

any county, if they have not, as provided in section 619, acquired all necessary lands within such county, shall publish a notice in at least

three of the public newspapers printed in the county (and if there are not three therein, then in that, and adjoining counties), once in each week for six weeks successively, specifying the character of the road, each town, city and village through which it is proposed to construct it, and the time when the application hereinafter required will be made. After such notice, it shall apply to the board of supervisors of the county, at any meeting specified in the notice, for authority to take the necessary land and construct the road. The application shall specify the route and character of the road.

1 R. S., 1096, § 63.

§ 610. If the applicant desires a special meeting for the purpose, any three supervisors may fix the time therefor, and at least twenty days' notice thereof shall be served on each of the others, either personally, or, in his absence, by leaving it at his residence. The expenses of the meeting thus called, and of serving the notices, shall be paid by the applicant.

Ib., § 64.

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on the application.

§ 611. On the hearing of the application, all The hearing residents of the county, and all persons 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. Ib., § 65.

Action of

the supervisors.

Road extending into several counties.

Laying out the road.

§ 612. If the board are then of opinion that the public interests will be promoted thereby, it may, by the assent of a majority of all the members elected to the board, make an order granting the application and authorizing the company to take the real property necessary, and appointing three commissioners to lay out the road. The commissioners shall be disinterested persons, and not owners of real property in any town in which the road will lie, nor in any town adjoining such towns. The company shall cause a certified copy of the order of the board to be recorded in the county clerk's office, before they proceed under it.

1 R. S., 1096, § 66.

§ 613. If the route extends into more than one county, the application shall specify the number of commissioners the company desire, not exceeding three for each county, and an equal number of them shall be appointed by the board of supervisors of each county. The whole number shall be not less than three, nor, without the company's consent, more than six; unless the number of counties exceeds six.

Ib., § 67.

§ 614. The commissioners, after taking the oath of office, shall proceed to lay out the road as in their opinion will best promote the public interest. They shall hear all persons interested and may take testimony; they may determine the breadth

of the way, but it shall not exceed four rods, except where the company acquire a greater breadth by grant. They shall make, sign and acknowledge (as a deed is acknowledged) an accurate survey and description of the route, and the land taken for the road and for necessary buildings and gates in each county, and record the same in the office of the county clerk thereof. Where the breadth of the road is not fixed by the commissioners, it may be fixed by the inspectors of turnpike and plankroads of the county, or a majority of them.

1 R. S., 1096, §§ 67, 68; Ib., 1104, § 99.

§ 615. The company shall pay to each commis- compensa sioner his expenses, and two dollars a day for his

services.

Ib., § 67, last clause.

tion of the com

missioners.

and extensions.

616. The directors of any such company may, Branches with the written consent of holders of two-thirds of the stock, proceed in the manner prescribed by the preceding seven sections, to construct branches to the road or to extend it, or alter any part of the route of it or its branches.

From Laws of 1859, 465, ch. 208. By that act, the construction of branches, &c., was restricted to routes lying through uncultivated land, and it was not made necessary to obtain the consent of the supervisors. It is supposed that, so far as other parties and the public are concerned, the same provisions should govern both cases.

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