LAW OF THE FARM. 315 



sidered highway work. For any neglect or refusal to peform this duty, the 

 overseer is liable to a penalty of twenty-five dollars. 



The statute also makes it the duty of every owner, possessor, or occupier of 

 land to cut down, or cause to be cut down, all the Canada thistles growing on 

 the highway passing by or through such land, so often every year as shall pro- 

 vent their going to seed. 



It also authorizes the board of supervisors to make such by-laws and regu- 

 lations as they may deem necessary for the destruction of noxious weeds 

 within the several counties; so that the farmer is not obliged to cut down 

 noxious weeds in the highway (except Canada thistles) unless there has been- 

 some action taken in that respect by the board of supervisors. 



LECTURE NUMBER FOURTEEN. 



THE FARMER AND THE TOLL ROAD. 



Next to a good farm and a happy family is a good road to town and to 

 market. A good, clean, substantial, nicely-shaded highway adds greatly to 

 the market value of the farm along which it passes. A man of taste dislikes 

 to see a mudhole in front of a farm house, the gate hanging on one hinge, or 

 none, the fences along the road in a sadly dilapidated condition, or the front 

 yard grown up to noxious weeds, but above all he dislikes an impassible road. 



The inefficiency of the ordinary method of improving highways has been 

 everywhere observed. In many places good roads cannot be maintained with- 

 out a large expenditure of money — more than the farmers who live along its 

 line are able or willing to furnish ; consequently the government, from time 

 immemorial, has been in the habit of granting certain franchises to compa- 

 nies and corporations on condition that they build and keep in good order and 

 repair certain roads. The company or corporation is authorized to enter 

 upon, take, and use any public highway, and to construct thereon a plaRk or 

 gravel road, provided the consent of the supervisor, highway commissioners, 

 and township clerk, or a majority of them, be obtained in each town through 

 which the road passes; or, instead thereof, the consent of a majofity of the 

 freeholders residing on that part of the highway so to be taken. It is pre- 

 sumed this consent will never ^be obtained unless the road needs much more 

 improvement than the ordinary methods will give it. The company thus 

 authorized are obliged to build the plank or gravel road in a good and substan- 

 tial manner, and become responsible for all damage that any party may sus- 

 tain in consequence of any neglect or omission to keep the road in good con- 

 dition or repair, and are also liable to lose their franchise. 



Thus, when a woman received personal injuries occasioned by her horse 

 jumping aside at sight of a hole three feet deep near the middle of a gravel 

 road, although there was plenty of room to pass on either side in safety, she 

 was allowed to recover damages of the company. So, when the road was out 

 of repair so that it caused two carriages to collide, whereby an injury was sus- 

 tained, the company was held liable. They are also liable for not maintaining 

 railings along embankments, whereby one without fault is injured, as by 

 running off in the night. So they are required to keep their bridges in a safe 



