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balances to be recovered into

treasury, and

board shall certify to the state auditor that said binpaide highway has been completed and any balance re- generales maining of the amount herein appropriated shall be town of recovered into the general treasury and the state reimbursed. auditor shall then draw his orders upon the general treasurer in favor of the town of Westerly for onehalf of such balance remaining and recovered into the general treasury, which sum is hereby appropriated out of any money in the treasury not otherwise appropriated for the purpose of reimbursing the town of Westerly.

SEC. 6. This act shall take effect from and after its This act to passage and all acts and parts of acts inconsistent effective, herewith are hereby repealed; provided, however, that if the town of Westerly shall have failed to pay to the general treasurer the sum of forty thousand dollars mentioned in section 1 of this act, on or before December 31st, 1923, then the amount herein appropriated shall revert to the general treasury for the use of the state.

become

CHAPTER 537.

(2422)

S 120.
Approved
June 11, 1923.

AN 'ACT IN AMENDMENT OF SECTION I OF CHAPTER

2300 OF THE PUBLIC LAWS, PASSED AT THE JANUARY SESSION, A. D. 1922, ENTITLED “AN ACT AUTHORIZING THE TOWN OF WESTERLY TO HIRE NOT

EXCEEDING THREE HUNDRED THOUSAND DOLLARS

FOR THE PURPOSE OF PURCHASING A SITE OR SITES
AND ERECTING TWO SCHOOLHOUSES THEREON, AND
FOR THE FURNISHING OF THE SAME."

It is enacted by the General Assembly as follows:

SECTION 1. Section 1.of chapter 2300 of the public laws, passed at the January session, A. D.

Town of Westerly authorized to hire $350.000 purposes.

1922, entitled "An act authorizing the town of Westerly to hire not exceeding three hundred thousand dollars for the purpose of purchasing a site or sites and erecting two schoolhouses thereon, and for the furnishing of the same,” is hereby amended so as to read as follows:

"Section 1. The town of Westerly is hereby au

thorized and empowered from time to time to hire a for schoolhouse sum not exceeding three hundred fifty thousand

dollars and to issue its notes or bonds, or either,
therefor and to renew any such notes from time to
time as the same shall become due and payable. All
monies received by said town by authority hereof
shall be exclusively used and expended for the pur-
chase of a lot or lots of land and erecting two school-
houses and the furnishing of the same, or if a pur-
chase of a lot or lots of land shall not be required,
then in that event, for the erection of two school-
houses and the furnishing of the same upon such lot
or lots of land as shall otherwise become available
therefor."
SEC. 2. This act shall take effect upon its

passage.

[blocks in formation]

Plans of
private lands
in town of
Westerly
dedicated to
public use
not to be filed

It is enacted by the General Assembly as follows:

SECTION 1. No plan of any private land or lands situated in the town of Westerly, showing thereon a

street or way as open or to be opened, to travel or until approved otherwise dedicated for public use, shall hereafter be

accepted for filing or record by the town clerk, of said town, unless such street or way shall have been first approved by the town council of said town, or on appeal therefrom by judgment of court as hereinafter provided: Provided, however, that nothing herein shall apply to any plan approved or adopted by order or decree of court in any judicial proceedings, or made, approved or adopted by or pursuant to due action of any public authority.

council, etc.

SEC. 2. With every application to said town Application council for such approval, such plan shall be filed in to be filed. duplicate with said town council, or if the said town council is not in session, with the town clerk. Such plan shall include a profile of said proposed street and shall show its location, width (which shall not be less than 50 ft.) and grades and the location and grades of all connecting streets and drawn to such scale and upon such material as said town council may require and to its satisfaction.

SEC. 3. Upon receipt of such petition the same Action on shall be referred by said town council or said town clerk to the board of highway commissioners of said town who shall as soon as may be report thereon to said town council. Within thirty days from the time of such filing of any such plan, if such street or way is reasonable in its location, width and grades, with due regard to both the public and the private interests involved, said town council shall approve the same, and upon such approval the town clerk shall endorse and certify the fact of such approval by said town council on each such duplicate, but shall not file or record the same until requested by the owner of such land or lands and until the fees therefor are paid. If said town council finds that such street or way is not reasonable as aforesaid, it shall disapprove the same and shall cause the reasons for its disapproval to be recorded in the records of its proceedings.

petition.

Person aggrieved may appeal to

SEC. 4. Any person aggrieved by any such action superior court. of said town council may appeal from such action, to

the superior court for Washington county in the manner and subject to the provisions as prescribed by law for appeals from the orders and decrees of town councils: Provided, that upon such appeal, instead of a copy being included in the record of the proceedings to be filed in said court, the original plan in duplicate shall be transmitted by said town clerk to said court, and said court or the court with a jury, if a jury trial is claimed by either party within ten days after the filing of the reasons of appeal, shall try the case, and upon any final judgment approving such street or way, the clerk of court shall endorse and certify on each such duplicate a copy of such judgment or the substance thereof, and shall transmit both such duplicates to said town clerk, who shall receive but not file or record the same until requested by the owner of such land or lands and until the fees therefor are paid.

SEC. 5. Upon the filing or recording of any such to rublic use plan pursuant to the provisions hereof such street or

way shown thereon shall not be open to travel or otherwise dedicated for public use until such street or way shall be cleaned of stumps, rocks, ruts, and other superfluous or objectionable material; and all work in excavation and embankment shall be brought accurately to such subgrade as said board of highway commissioners may require; and all corners of intersecting streets shall be rounded, and granite bounds shall be set at all angles, curves and corners of such street or way and those made with such connecting streets, according to the direction and approval of said board of highway commissioners. Until the provisions of this section shall have been complied with and until such street or way is rea

Street not to be dedicated

safe for travel.

public highway,

sonably safe for travel the board of highway commissioners may close the entrance thereto from a public street.

SEC. 6. Upon the filing or recording of such plan Street on way and compliances with the provisions of section 5, when. such street or way shall be thenceforward a public highway to all intents and purposes, and be liable to be opened by the board of highway commissioners of said town in the same manner as highways which are laid out by said board of highway commissioners, but said town shall not be liable to repair such highways nor shall said town be liable to any person or persons who may in any wise suffer injury to their person or property by reason of its neglect to keep said highway in repair until said board of highway commissioners shall decree and order that the same shall be repaired at the expense of said town.

SEC. 7. Said town clerk shall not receive for Of the acceptrecord nor record any deed to said town of any land high for public in said town which deed is made for the purpose of having the land therein described become a public highway pursuant to section 25 of chapter 95 of the general laws, unless said town council shall have first accepted such deed to said town: Provided, however, that this provision shall not apply to any such deed of any land that is shown as a street, or way and as open to travel or otherwise dedicated for public use, on any plan then on file or recorded in the office of said town clerk: And further provided, that no acceptance of any such deed by said town council shall be deemed to impose any liability upon said town to repair any such highway nor shall said town be liable to any person or persons who may in any wise suffer injury to their person or property by reason of its neglect to keep said highway in repair, before said board of highway commissioners shall decree and

ance of deed to

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