TITLE 4. Their powers and dutics. Accounts. Lands of town divided. 53. The trustees, besides the ordinary powers of a corporation. shall have power, and it shall be their duty, 1. To take and hold possession of the gospel and school lot of their town: 2. To lease the same for such time not exceeding twenty-one years, and upon such conditions as they shall deem expedient: 3. To sell the same with the advice and consent of the inhabitants of the town, in town-meeting assembled, for such price and upon such terms of credit as shall appear to them most advantageous: 4. To invest the proceeds of such sales in loans, secured by bond and mortgage upon unincumbered real property of the value of double the amount loaned : 5. To purchase the property so mortgaged upon a foreclosure, and to hold and convey the property so purchased whenever it shall be come necessary: 6. To re-loan the amount of such loans repaid to them, upon the like security: 7. To apply the rents and profits of such lots, and the interest of the money arising from the sale thereof, to the support of the gospel and schools, or either, as may be provided by law, in such manner as shall be thus provided : s. To render a just and true account of the proceeds of the sales and the interest on the loans thereof, and of the rents and profits of such gospel and school lots, and of the expenditure and appropriation thereof, on the last Tuesday next preceding the annual town-meeting in each year, to the board of auditors of the accounts of other town officers: 9. To deliver over to their successors in office, all books, papers and securities relating to the same, at the expiration of their respective offices and, 10. To take therefor a receipt, which shall be filed in the clerk's office of the town. $4. The board of auditors in each town, shall annually report the state of the accounts of the trustees of the gospel and school lots in that town, to the inhabitants thereof, at their annual town-meeting. $5. Whenever a town having lands assigned to it for the support of the gospel or of schools, shall be divided into two or more towns, or shall be altered in its limits by the annexing of a part of its territory to another town or towns, such lands shall be sold by the trustees of the town, in which such lands were included immediately before such division or alteration; and the proceeds thereof, shall be apportioned between the towns interested therein, in the same manner as the other public monies of towns, so divided or altered, are apportioned. 56. The shares of such monies, to which the towns shall be res- TITLE 5. pectively entitled, shall be paid to the trustees of the gospel and school Shares to lots of the respective towns, and shall thereafter be subject to the pro- whom paid. visions of this Title. $7. If in either of such towns, trustees of gospel and school lots shall not have been chosen, or there be none in office, the share of such town shall be paid to the supervisor; and the town, at its next annual town-meeting, and annually thereafter, shall choose such trustees in the same manner as if gospel and school lots had originally been assigned to it; which trustees shall have charge of the monies so paid to the supervisor, and shall be subject to all the duties and liabilities, and possess all the powers imposed or conferred in this Title 1 .100 TITLE V. OF THE LEWISTON SCHOOL FUND. SEC. 1. Designation of the fund; interest to be appropriated to schools in Lewiston. 2 & 3. Commissioners of the fund, term of office, &c. 4. To give bonds; conditions thereof. 5. Their powers and duties. 6. Trustees of common schools in Lewiston, to give bond, &c. 7. Who to sue for breach of bonds given by commissioners or by trustees. fund. S1. The property now belonging to the Lewiston school fund, Perpetual shall remain a continual fund, the interest of which shall be inviolably appropriated to the support of common schools, in the village of Lewiston, under the direction of the commissioners of the Lewiston school fund for the time being. ers. $2. The commissioners of the Lewiston school fund, shall not ex- Commission ceed three in number, and shall hold their offices for two years, and until others shall be appointed. In case of vacancies in office of such commissioners, the vacancies shall be filled, and all appointments hereafter be made, by the governor and senate, in the same manner that other appointments are made. fices. $ 3. All such commissioners hereafter to be appointed, shall con- Tenure of of tinue in office for two years, and until others shall be appointed; unless in cases of appointments to fill vacancies, where the term shall expire with that of the other commissioners. $ 4. Every person hereafter appointed a commissioner of the Lew-To give bond iston school fund, shall, before he enters on the duties of his office, give to the trustees of the corporation of the village of Lewiston, a bond, in the penalty of fifteen thousand dollars, with two or more sureties, conditioned that he shall faithfully execute the duties of his (100) This Title was compiled from the following sources: 1 R. L. 219, 221 & 222; Sesion Laws of 1813, Chap. 100; Laws of 1821, p. 239, § 4 ; and Laws of 1826, p. 23. TITLE 5. office, which bond shall be deposited with the clerk of the said corporation. Their powers and duties. Trustees to give bond. Bonds to be sued. $5. The commissioners of the Lewiston school fund shall have power, and it shall be their duty, 1. To sell or lease the lots of land in the village of Lewiston, belonging to the said fund, on such terms as they may judge most conducive to the interest of the fund: 2. To certify to the commissioners of the land-office, on receiving payment for such sales, a description of the land sold, the price, the time when sold, the names of the purchasers, and that the consideration money and interest has been fully paid: 3. To loan all monies which may come to their hands belonging to the fund: 4. To take a bond on making such loans, to themselves as such commissioners, secured by a mortgage on unincumbered real property, of at least double the value of the sum loaned, exclusive of buildings: 5. To collect all bonds, and mortgages, or other debts, due to the fund: 6. To pay over to the trustees of common schools in the said village, all monies received by the commissioners for interest on loans, or rents of land belonging to said fund : 7. To keep suitable books and accounts of all matters relating to the management of said fund, which shall be open to the inspection of the inhabitants of the village, at all reasonable times : and, 8. To deliver, at the expiration of their several offices, to the remaining commissioners, or their successors in office, all the books and papers relating to said fund. $6. Before the trustees of common schools, in said village, shall be entitled to receive such monies from the commissioners, the trustees shall execute a bond to the supervisor of the town of Lewiston, in such penalty and with such sureties as the supervisor shall approve, conditioned that the trustees shall faithfully apply such monies towards the support of schools in the village of Lewiston, for the benefit of such of its inhabitants as shall have resided in the village at least six months; and shall render a just and true account of the expenditure of such monies, to the supervisor, when required. $7. It shall be the duty of the trustees of the corporation of the village of Lewiston, in case of any breach of the condition of the bond given by such commissioners, and of the supervisor of the town of Lewiston, in case of any breach of the condition of the bond given by the trustees of common schools for the village of Lewiston, to sue for and recover on said bonds, all damages which may have accrued by such breaches, for the use of said schools. 101 (101) This Title is a revision of the act of 1826. Laws of 1826, p. 239. CHAP. XVI. Of Highways, Bridges, and Ferries. TITLE 1.-Of highways and bridges. TITLE 2. Of the regulation of ferries. ART. 1. TITLE I. OF HIGHWAYS AND BRIDGES. ART. 1. Of the officers entrusted with the care and superintendence of highways and bridges; and their general powers and duties. ART. 2.-Of the persons liable to work on highways, and the making of assessments therefor. ART. 3. Of the duties of overseers in regard to the performance of labor upon highways, and of the performance of such labor, or the commutation therefor. ART. 4.-Of the laying out of public and private roads, and of the alteration or discontinuance thereof. ART. 5.-Regulations and penalties concerning the obstruction of highways, and encroachments thereon. ART. 6.-Of the erection, repairing, and preservation of bridges. ART. 7.-Miscellaneous provisions of a general nature. ARTICLE FIRST. Of the Officers entrusted with the Care and Superintendence of Highways and Bridges; and their general Powers and Duties. SEC. 1. Commissioners of highways to have care of highways and bridges; their duties. 2. They have power to lay out and discontinue roads. 3. To account to board of auditors of town accounts. 4. To deliver statement of improvements necessary on roads and bridges. 5. They shall cause mile-stones to be erected. 6 & 7. Duties of overseers of highways. 8. When to make new assessment. 9. Commissioners of highways to cause guide-posts to be erected. 10. Overseers of highways to keep them in repair. 11. Commissioners may procure, with fines and commutation monies, a scraper, &c. 12. If such monies are insufficient, deficiency assessed upon inhabitants of district. 13. Compensation of overseers of highways for excess of work. 14. If office of overseer become vacant, commissioners to fill it. 15. Commissioners making appointment, to cause warrant to be filed. 16. Penalties on overseers of highways, for neglect of certain duties. ers, their du SECTION 1. The commissioners of highways in the several towns Commissionin this state, shall have the care and superintendence of the highways ty.' and bridges therein; and it shall be their duty, 1. To give directions for the repairing of the roads and bridges, within their respective towns: 2. To regulate the roads already laid out, and to alter such of them as they, or a majority of them, shall deem inconvenient : ?. To cause such of the roads used as highways, as shall have been laid out but not sufficiently described, and such as shall have been TITLE 1. used for twenty years but not recorded, to be ascertained, described, and entered of record in the town clerk's office: To lay out and discontinue roads. To account. Repairs of roads and bridges. 4. To cause the highways, and the bridges which are or may be erected over streams intersecting highways, to be kept in repair: 5. To divide their respective towns into so many road districts as they shall judge convenient, by writing under their hands, to be lodged with the town clerk, and by him to be entered in the town book; such division to be made annually, if they shall think it necessary, and in all cases to be made at least ten days before the annual townmeeting: 6. To assign to each of the said road districts, such of the inhabitants liable to work on highways, as they shall think proper, having regard to proximity of residence as much as may be: and, 7. To require the overseers of highways, from time to time, and as often as they shall deem necessary, to warn all persons assessed to work on highways, to come and work thereon, with such implements, carriages, cattle or sleds, as the said commissioners, or any one of them, shall direct.1 $2. The commissioners of highways shall have power, in the manner and under the restrictions herein after provided, to lay out on actual survey, such new roads in their respective towns as they may deem necessary and proper; and to discontinue such old roads and highways, as shall appear to them, on the oaths of twelve freeholders of the same town, to have become unnecessary.1 $3. The commissioners of highways of each town, shall render to the board of town auditors at their annual meeting for auditing the accounts of town officers, an account in writing, stating, 1. The labor assessed and performed in such town: 2. The sums received by such commissioners for fines and commutations, and all other monies received under this Chapter: 3. The improvements which have been made on the roads and bridges in their town, during the year immediately preceding such report, and an account of the state of such roads and bridges: and, 4. A statement of the improvements necessary to be made on such roads and bridges, and an estimate of the probable expense of making such improvements, beyond what the labor to be assessed in that year, will accomplish.* $ 4. The commissioners of highways of each town, shall deliver to the supervisor of such town, a statement of the improvements necessary to be made on the roads and bridges, together with the probable expense thereof; which supervisor shall lay the same before the board of supervisors at their next meeting. The board of supervisors shall cause the amount so estimated, to be assessed, levied and (1) 2 R. L. 270, § 1 & 2. (2) Ib. § 31. |