Action of

the super visore.

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

stimony; 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 exten

616. The directors of any such company may, Branches with the written consent of holders of two-thirds sions. 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.

Acquiring

lands by

grant.

Appropria tion of

damages for highway taken.

Application when un

§ 617. Any such company may acquire necessary lands by grant. The supreme court have power to authorize a grant of necessary real property vested in a person not having capacity to convey, in the same cases and manner as provided in respect to railway companies by section 426.' Whenever the land within a highway is necessary to be used, the supervisor and commissioners of highways of the town, or a majority of them, may, after obtaining the written consent of at least twothirds in number of all the residents on the part of the highway proposed to be taken, fix, by written agreement with the company, the damages to be paid therefor. Such agreement shall be filed in the town clerk's office. Except in actions commenced before the 18th of April, 1855, every such agreement shall be conclusively presumed to have been made at a regular meeting of the supervisor and commissioners."

Modified from Laws of 1859, 465, ch. 208.

1 R. S., 1096, § 70; Ib., 1102, §§ 90, 91; Laws of 1855, ch. 546, § 3.

§ 618. Damages for lands forming part of a highway are to be paid to the commissioners of highways of the town, to be expended on the high

ways.

1 R. S., 1102, § 90, last clause.

§ 619. When a company has obtained by grant necessary. or agreement all the lands necessary in any county, it may construct the road in such county without making the application therein required by section

609. But before proceeding to do so, it shall cause an accurate survey of such part of the road to be made by a practical surveyor, signed by its president and secretary, and acknowledged by them (as a deed is acknowledged), and recorded in the county clerk's office; and also, if the road extends into another county, it shall first obtain authority to construct the road there.

1 R. S., 1098, §§ 69, 70.

right of way.

§ 620. The mode of proceeding to acquire the Acquiring necessary lands, when it is not done by agreement, is prescribed by the CODE OF CIVIL PROCEDURE.

Taking

§ 621. After acquiring title to any lands in pur- osion. suance of the foregoing provisions, and not before, the company may take possession thereof and hold the same, subject to the provisions of this chapter.

Ib., § 75.

and gardens

§ 622. No such road shall be laid out through Orchards any orchard of four years' growth, to the injury of the fruit trees; or any garden of four years cultivation, or any dwelling-house, or building connected with a dwelling-house, or any yard, or inclosures necessary thereto, without the consent of the owner.

Ib., § 73.

623. No such company shall bridge any Streams. stream, except under the restrictions imposed by § 652 of this Code.

From Ib., § 73.

Plank roads on turnpike

roads.

Restriction

on contracts for construction.

Quality of road.

§ 624. No plankroad company shall construct its road on the road of a turnpike company (except in case of crossings) without consent of the latter. When a plankroad is constructed on or adjoining any portion of a turnpike road, the company owning the latter may abandon such portion.

From 1 R S., 1098, § 74, amended 1857, ch. 643.

§ 625. No director shall be concerned, directly or indirectly, in any contract for making or working any part of the road belonging to his company; and no contractor, for making any part of such road, shall make a new contract for the performance of any part, other than by hiring services and implements, to be superintended and paid by himself, unless such new contract is first approved by the board of directors.

1 R. S., 1088, §§ 23, 24.

§ 626. Every such road shall be laid out at least four rods wide. The track of plankroads shall be constructed of timber, plank or other hard material. The track of turnpikes shall be bedded with stone, gravel, or such other material found on the line thereof, to the width of eighteen feet, and faced with broken stone or gravel, and with ditches on each side wherever practicable.

Both shall be so constructed as to permit vehicles to pass each other conveniently, and to pass off and on the track at all intersections of roads.