writing, requesting them to cause such bridge to be erected. (Sec. 21 of R. S.)

SECT. 29. The selectmen, to whom, in either of the cases mentioned in the preceding section, the petition shall first be presented, shall notify the selectmen of the other town, and the selectmen of such towns shall, together, proceed in appointing a time of hearing and giving notice, as is required where an application is made for laying out a highway in one town. (Sec. 22 of R. S.)

SECT. 30. The selectmen of such adjoining towns shall proceed in all things, as is required of the selectmen of one town, in laying out highways, or building bridges in such town; and their proceedings, or a duplicate thereof, shall be returned to the town clerk of each town, and their order and the surveys shall be recorded in each town clerk's office; and their proceedings shall be binding on their respective towns, as in other cases; and each town shall have all the rights, and be subject to all the liabilities, in relation to the part or proportion of such highway or bridge belonging to such town, as though the same was located wholly in such town. (Sec. 23 of R. S.)

SECT. 31. When the public good, or the necessity, or convenience of the inhabitants, shall require a highway to be laid out or altered, so that it shall be near the line between two adjoining towns, instead of being on the line between such towns, on account of the position of the land, or nature of the soil over which it may be laid; and when both such towns are benefited in a similar manner as though such highway were on such line, such highway may be laid out or altered, by the selectmen, or by the county court, on the report of commissioners, and the damages and expense of making and repairing such highway may be apportioned, and all proceedings may be had in the same manner, as is provided by law, in the case of laying out and altering highways on the line between two towns. (No. 21 of 1845.)

JURISDICTION OF COUNTY COURT.

SECT. 32. If any person owning, or interested in lands, through which a highway shall have been laid out, or altered by the selectmen, shall be dissatisfied with the laying out or altering such highway, as well as with the compensation for his damages, he may make application by petition, in writing, to the county court in the same county, at their next term, if there shall be time for notice-if not, at the succeeding term; and any number of persons aggrieved, may join in the petition; and the petition, together with a citation for that purpose, shall be served on one or more of the selectmen of the town, at least twelve days before the sitting of the court; and the court shall appoint three disinterested freeholders to be commissioners to inquire into the convenience and necessity of such highway, and the manner, in which the same shall have been laid out or altered, as well as the damages, which may have been sustained by the petitioner. (Sec. 26 of R. S.)

SECT. 33. The commissioners shall give notice to one or more of the selectmen, of the time when they will make such inquiry,

and hear the parties; and, on the report of such commissioners, the court may establish, or set aside, or alter the highway, as shall appear just; and may render judgment for the petitioner to recover against the town such sum for his damages, as shall be shown by such report to have been sustained; and if the sum so allowed shall be greater than was offered by the selectmen, the court may tax costs for the petitioner, or may tax costs for either party, as shall appear just. (Sec. 27 of R. S.)

SECT. 34. When application shall be made to the county court, as provided in the two preceding sections, the opening of the highway shall be stayed until the decision of the county court; and such court may fix the time for opening the same, as provided in the forty-fourth section, and for paying any damages which may be awarded; and if such damages shall not be paid within the time limited, the court may award execution for the same. (Sec. 28 of R. S.)

SECT. 35. When application shall be made, as before provided in this chapter, to the selectmen to lay out, alter or discontinue a highway in any town, and the selectmen shall refuse or neglect to lay out, alter or discontinue such highway, and in no other case, any three or more freeholders of the town or vicinity, where the highway is wanted, may make application by petition, in writing, to the county court of the same county, for that purpose; which petition, with a citation, shall be served on one or more of the selectmen of such town, at least twelve days before the session of such court. (Sec. 29 of R. S.)

SECT. 36. The county court, on such application, if no sufficient cause be shown to the contrary, shall appoint three disinterested freeholders, residing in some other town, to be commissioners, who shall appoint a time and place for examination and hearing, and shall give notice thereof to one or more of the selectmen of the town, and to the persons owning or interested in the lands, through which the highway may be laid, and shall proceed to examine the premises, and inquire into the convenience and necessity of the highway, and any facts and circumstances, which tend to explain the subject of their inquiry. (Sec. 30 of R. S.)

SECT. 37. If the commissioners shall decide that a highway ought to be laid out or altered, they shall cause the same to be surveyed, and shall proceed to ascertain what damages shall be sustained by the persons interested in the lands; but before they decide upon the amount of damages, which any one may sustain, they shall cause him to be notified of the time and place of hearing, either personally, or by leaving a written notice with, or at the residence of, the owner or occupant of the land; and when they shall have completed their inquiries, they shall make their report, stating particularly all their proceedings and their decision, with their survey and appraisal of damages, if any. (Sec. 31 of R. S.)

SECT. 38. The report of the commissioners shall be returned and filed in the office of the clerk of the court, at least fifteen days before the session of such court; if not, the party objecting to the report shall, on motion, be entitled to a continuance to the succeeding term; and the town, by their selectmen, or other agent, or any inhabitants interested, shall have a right to appear and resist the ac

ceptance of the report, by showing any facts relevant to the question. (Sec. 32 of R. S.)

SECT. 39. It shall hereafter be the duty of commissioners of highways to cause a copy of the survey of all roads laid out, altered or discontinued by them, and the appraisal of damages, to be filed in the town clerk's office in the town where the road is laid, at least twelve days before the session of the court to which the commissioners make their report. (No. 33 of 1850.)

SECT. 40. The court may, for sufficient reasons, reject the report or accept it, in whole or in part, and by their order or decree may establish or alter or discontinue the highway, in whole or in part, and shall render judgment against the town in favor of the persons interested in the lands for such damages as it shall appear they have severally sustained; and if the prayer of the petition is wholly granted, or wholly rejected, shall tax costs accordingly,—if otherwise, may tax costs as shall appear just, and may issue execution for such damages and costs. (Sec. 33 of R. S.)

SECT. 41. Commissioners of highways may, either jointly or severally, sue any one or more of the petitioners who signed the petition on which said commissioners were appointed, and may recover for their services, the same as though all the petitioners were joined as defendants. (No. 12 of 1843.)

SECT. 42. All commissioners of highways and bridges hereafter appointed by the several county and supreme courts in this state, shall be allowed for each of their services, two dollars per day and their expenses. (No. 34 of 1850.)

SECT. 43. When the public good shall require a highway to be laid out, altered or discontinued, extending into or through two or more towns in the same county, application may be made therefor, by seven or more freeholders of such towns or the vicinity, to the county court, and such court by commissioners appointed for that purpose, may make inquiry and make order and render judgment in all things, as when the highway shall be located in only one town; and the same proceedings shall be had in all things, except that the notices required to be given shall be given to the selectmen of each town; and where judgment shall be rendered against the towns for damages or costs, the same shall be rendered separately against the several towns, for such damages and costs as each shall be made liable to pay; and if the road prayed for shall not be laid out in any one of the towns, such town shall recover its cost, and the petitioners shall not be entitled to recover in their bill of cost the expenses of examining such part as shall not be laid out. (Sec. 34 of R. S.)

SECT. 44. When application shall be made, as before provided in this chapter, to the selectmen to lay out, alter or discontinue a highway on, (or near (SEE $ 31)) a line between two towns, and the selectmen of such towns shall neglect or refuse to lay out, alter or discontinue the same, and in no other case, any seven or more freeholders of such towns, or the vicinity, may make application to the county court, and such court, by commissioners appointed for that purpose, may make inquiry and may make order and render judgment, and the same proceedings shall be had in all things, as in case of a high

way extending into or through two or more towns; and the court shall, by their order, direct which part of such highway each town shall make and repair, and what damages shall be paid by each, if a highway shall be made or altered. (Sec. 35 of R. S.)

SECT. 45. When application shall be made, as before provided in this chapter, to the selectmen to erect a bridge across any river, creek or stream between two towns, and the selectmen of such towns shall, for the space of six months next after the first day of May, succeeding the time of such application, refuse or neglect to erect such bridge, and in no other case, any twenty or more freeholders of the vicinity may make application, by petition in writing, to the county court of the same county; and such petition, together with a citation, shall be served on one or more of the selectmen of each town, at least twenty days before the session of such court. (Sec. 36 of R. S.)

SECT. 46. The county court shall, on such petition being presented, appoint three disinterested freeholders in some of the neighboring towns, to be commissioners, who shall give notice, to one or more of the selectmen of each town, of the time when they will proceed to the inquiry; and they shall inquire into the convenience and necessity of such bridge, and the place where the same ought to be erected, whether any highway needs to be laid out or altered for the convenience of crossing such bridge, and what will be a just proportion of the expenses of erecting and repairing such bridge, for each town to pay; and if they decide in favor of the erection of such bridge, and that a highway on either side is required, they shall cause such highway to be surveyed, and may assess damages to the owners of lands, as in other cases of laying out highways. (Sec. 37 of R. S.)

SECT. 47. The commissioners may also inquire whether any adjoining towns will be particularly benefited by such bridge; and what proportion any such town ought to pay towards the expense of erecting and repairing the same; but before the commissioners shall make any decision in relation to such inquiry, they shall cause a written notice to be served on one or more of the selectmen of each of such adjoining towns, notifying them of the time and place, at which they may be heard, at least twelve days before the time appointed; and in deciding on the proportion of the expense of erecting and repairing such bridge, which any town ought to pay, they shall regard as well the accommodation to such town, as its ability to pay. (Sec. 38 of R. S.)

SECT. 48. When the commissioners shall have completed their inquiries, they shall make report of their proceedings and decision, together with a survey of any roads they may find necessary, and their appraisal of damages, if any; and shall cause their report to be filed, in the office of the clerk of such court, fifteen days before the session thereof; and the several towns assessed towards the expense of erecting and repairing such bridge, by their selectmen or other agents, shall have the right to appear and resist the acceptance of the report, by showing any facts relevant to the question. (Sec. 39 of R. S.)

SECT. 49. The court may, for sufficient reasons, reject the re

port, or accept it, in whole or in part, and by their order or decree may establish and order the erection of such bridge, and such highways leading to it as may be necessary, and settle the proportion, in which each town shall contribute to the expenses of making and thereafter repairing the same, and render judgment for the damages sustained by any persons interested in lands, through which such highways may be laid, as in other cases, and for costs as shall appear just. (Sec. 40 of R. S.)

SECT. 50. When a bridge shall be required between any two towns, and the selectmen of such towns shall not agree to build the same, application, by petition, may be made to the county court by the selectmen of either town, and the petition and citation shall be served on one or more of the selectmen of the other town, and the same proceedings shall, in all things, be had as provided in this chapter, in case application should be made by twenty or more freeholders. (Sec. 41 of R. S.)

SECT. 51. Any town dissatisfied with the apportionment of the expenses of building and repairing any bridge on the line between two towns, may, after five years from the time the order for that purpose shall have been made, and once in every five years thereafter, make application to the county court for a new apportionment, giving notice of such application, as required in the thirty-sixth section; and the court may appoint commissioners, as provided in the thirty-seventh section, who shall give notice to the several towns of the time and place of hearing; and the court, on their report, may affirm the former apportionment, or set it aside and apportion the expenses anew, and allow such costs as shall appear just. (Sec. 42 of R. S.)

SECT. 52. In case of an application for laying out, altering or discontinuing a highway extending into or through two or more towns, or on the line between two towns, or for erecting a bridge between two towns, where such towns lie in different counties, such application shall be made to the supreme court; which shall have the same power, and shall proceed in the same manner, as the county court, when the towns lie in the same county. (Sec. 43 of R. S.)

SECT. 53. When any town shall deem itself oppressed, by being required to build, make, or put in repair, any bridge or road, located, or laid out by the county or supreme court, in, or through such town, which is evidently for the accommodation of other travel than that of the inhabitants of such town, the selectmen of such town may make application to the county or supreme court, for remedy; and it shall be the duty of said court to appoint three commissioners, not inhabitants of such town, or any town interested in the proceedings to be had on such application, whose duty it shall be to make examination into all the circumstances relating to such bridge, or road, respecting its public utility, the expense attending the building, or repairing of the same, the ability of such town to bear such expense, and the special benefit that other towns, in the vicinity, may derive from the construction of the same; and if such commissioners shall be of opinion that such town would be excessively burdened, by defraying the whole of the expense of such bridge or road, they shall apportion such part of the expense as they shall