23 §3703. Form of notice
§3703. Form of notice The notice required in section 3701 shall be by copy of the summons and complaint served upon the company at least 30 days before the action is in order for trial unless the court orders otherwise.
23 §3704. One indictment only at a term
§3704. One indictment only at a term One indictment only for neglect to open ways or to keep them in repair shall be presented against a town at the same term of court, but it may contain as many counts as are necessary to describe all portions of ways alleged to be defective. The word […]
23 §3705. Disposition of fines; agents; duties
§3705. Disposition of fines; agents; duties All fines imposed under sections 3701 to 3704 shall be appropriated to the repair of such ways. The court imposing them shall appoint one or more agents to superintend their collection and application. Within 3 months after collection, they shall make return of their doings to the clerk of […]
23 §3706. Fines collected by assessment as taxes
§3706. Fines collected by assessment as taxes When a fine is imposed on a town under sections 3701 to 3704, the clerk of the court shall certify it forthwith to the assessors, who shall assess the amount thereof as other town taxes, certify the same to said clerk and cause the amount to be collected […]
23 §3707. Failure to repair in 4 months; collection
§3707. Failure to repair in 4 months; collection If the assessors neglect to make such assessment provided for in section 3706 and to certify it to the clerk and the defective way is not repaired to the acceptance of such agent within 4 months after notice of the fine, the court may issue a warrant […]
23 §3652. Notice of defect; hearing on petition
§3652. Notice of defect; hearing on petition When a town liable to maintain a way unreasonably neglects to keep it in repair as provided in section 3651, after one of the municipal officers has had 5 days’ actual notice or knowledge of the defective condition, any 3 or more responsible persons may petition the county […]
23 §3653. Manner of presenting petition
§3653. Manner of presenting petition The petition provided for in section 3652 may be presented to the county commissioners at any of their sessions, or in vacation to their chairman, who shall procure the concurrence of his associates in fixing the time and place in the order of notice and cause the petition to be […]
23 §3654. Failure to comply with commissioners’ order; warrant of distress
§3654. Failure to comply with commissioners’ order; warrant of distress If the town neglects to make the repairs prescribed by the commissioners under section 3652, within the time fixed therefor in such notice to the town, they may cause it to be done by an agent, not one of themselves. Such agent shall cause the […]
23 §3655. Personal injury actions; limitations; damages; notice
§3655. Personal injury actions; limitations; damages; notice A person who receives any bodily injury or suffers damage in the person’s property through any defect or want of repair or sufficient railing in any highway, town way, causeway or bridge may recover for the same in a civil action, to be commenced within one year from […]
23 §3656. Repair within 6 years; location conclusive
§3656. Repair within 6 years; location conclusive When on trial of any such action or indictment as provided for in section 3655 it appears that the defendant county or town has made repairs on the way or bridge within 6 years before the injury, it shall not deny the location of such way or bridge. […]