211

If

COUNTIES AND COUNTY COMMISSIONERS. [ART. 22.

'shall be considered as the private way of such person, who shall
keep open and repair the same at his own expense.

Id s 34
1834, c 251, s, 1.
Penalty for
obstructing

48. No person shall stop, or change, or in any manner obstruct
such private road, under the penalty of ten dollars for every such
offence.

Id t 35
1839, c 18
Where appli-
cant owns lands
adjoining
another county

40- Where a person owns lands adjoining another county, and
desires a private road through lands in such adjoining county, he
may apply to the county commissioners of the county where the
lands lie, through which he desires to pass; and the said county
commissioners shall act upon such application in the same manner
as if the applicant owned land in such county, and had applied for
a private road therefrom

Id s 36
1812, c 292, s 1
Application by
owner of quarry
or mine

50. On application to the county commissioners by the owner of
any quarry or mine, for a private road thereto, the same proceedings
shall be had as are prescribed for granting private roads to farms;
provided, the county commissioners be satisfied that the working of
the stone quarry to which the road is prayed for, will not injure or
endanger any dwelling-house, tavern-house, or out-house attached
thereto.

Id s 37
1832, 0 292, s 1
Commissioners
may prescribe
period and
terms of ceas-
ing or continu-
ance of road

51. In granting a road under the preceding section, the county
commissioners may prescribe a period and terms when and upon
which the said road shall cease, and may be shut up; or when, for
the continuance of said road, it shall be necessary to have, at the
discretion of the said county commissioners, the same renewed.

1866, c 105
Owner of mill,
etc, may apply
for opening
road

32. Any owner or owners of a mill, factory, distillery, quarry,
or lime-kiln, situated within one mile of any railroad, may apply to
the county commissioners of the county to lay out and open a pri-
vate road from each mill, factory, distillery, quarry, or lime-kiln, to
the most convenient place for intersecting such railroad, and on
such application the county commissioners shall proceed in the same
manner and with the same powers as if such application were for a
private road to a farm.

Art 28, s 39
183G, c 255, s 2.
Application to
lay railway on
road

53. If an applicant for a road under the preceding section shall
state in his application that he intends to lay a railway on such
road, the commissioners appointed to assess the damages which any
person will sustain by opening such road, shall take into considera-
tion the additional damage (if any) which would be caused by the
construction of such railroad; and shall determine the places at
which crossings shall be made over such railroad, for the conveni-
ence of the owners of the land on either side of such private road,
and shall specify the same in their return to the county commis-
sioners.

Id s 40
1836, c 255, s 3
Terms upon
which granted.

54. Any person who has obtained a private road under the last
two preceding sections, may lay a railway thereon, and may, with
the consent of the owners of any railroad, connect the same there-
with; provided, that the damages assessed as aforesaid be paid to
the parties thereto, and that the crossings required to be made in