The obstruction of any highway, or the closing of the channel of any stream used for boating or floating logs, lumber, or timber, or whatever is injurious to health, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as to essentially interfere with the comfortable enjoyment of the life and property, is a nuisance, and the subject of an action for damages and other and further relief. (Rem.-Bal., § 943.) See next two preceding sections. 320. Swine May Be Driven on Highway. The owner of swine shall not allow them to run at large at any time or within any territory, and any violation of this section shall render such owner liable to the penalties provided for in section four of this act: Provided, That swine may be driven upon the highways while in charge of sufficient attendants. (L. '11, ch. 25, § 5.) "Act" refers to chapter 25, L. '11, relating to live stock running at large; the proviso is the essential part of the act so far as this compilation is concerned. 321. Liability of Owner. Nothing in this act shall be so construed as to prevent owners or other persons from driving swine from one place to another along any public highway, the owners being responsible for all damages that any person or persons may sustain in consequence. (L. '90, p. 456, § 8; Rem.-Bal., § 3180.) This section is also from the Estray Law and except that portion relating to damages is repealed by the preceding section. If a person appointed by the county commissioners as a viewer, reviewer or surveyor of any road, refuse or neglect to perform the duties required by this act, without making satisfactory excuse for such refusal or neglect, he shall be fined in any sum not exceeding fifteen dollars, to be recovered by action by any person suing for the same before a justice of the peace within the district wherein the person so appointed and refusing or neglecting may reside; and the recovery shall be paid without delay by the justice of the peace or constable collecting the same to the treasurer of the county, taking his receipt therefor; and the county commissioners shall cause all fines which shall be paid into the county treasury under the provisions of this act to be expended on roads and bridges within the county. (L. '90, p. 601, § 27; Rem.-Bal., § 5640.) Viewers repealed, see note to §8. This section is from the act of 1890. Doubt exists as to its validity, and if valid whether it has not been in effect repealed. 323. See chapter XXI, generally for penal provisions. Extortion by Ferryman, Toll-Gate Keeper, Etc. If any ferry-man, ferry owner, ferry-keeper, or keeper of a toll bridge or toll gate, himself, or by any person in his employment, shall demand or receive any greater fees on account of ferriage or toll than is or may be fixed by law, or by the proper board doing county business as the rates of ferriage or toll to be received by such person, upon conviction thereof he shall be fined in any sum not exceeding one hundred dollars, or be imprisoned in the county jail not exceeding one month. (Rem.-Bal., § 2715.) CHAPTER XXIV. LAW OF TRAVEL ON PUBLIC HIGHWAY. 324. Turn to Right. Whether any persons driving any vehicle shall meet on any public highway in this state whether owned or kept by a corporation or private person, the persons so meeting shall seasonably turn their vehicles to the right of the center of the road, so as to permit each vehicle to pass without interfering with or interrupting the other. (L. 79, p. 67, § 66; Rem.-Bal., § 5558.) If any person shall wilfully violate the provisions of this chapter, he shall forfeit and pay the sum of five dollars for each such violation, to the party injured, to be recovered by a civil action, and such further damage in the same action as such party may directly sustain by reason of such violation. (L. 79, p. 67, § 67; Rem.-Bal., § 5559.) 326. Employer Liable. Whenever any person driving a vehicle, who shall violate the provisions of this chapter, is at the time in the employ of another, such other person is liable for the penalty herein provided, the same as if he were the driver of such vehicle at the time of such violation; but an election to sue the driver or employer is a bar to an action against the other. (L. 79, p. 67, § 68; Rem.-Bal., § 5560.) CHAPTER XXV. AUTOMOBILES AND MOTOR VEHICLES. 327. Requirements for. No automobile or motor vehicle shall be used or operated on any public highroad, highway, park or parkway, street or avenue within the state until the owner shall have complied with sections 328, 330 and 331. (L. '05, ch. 154, § 1; Rem.-Bal., § 5562.) The owner of every automobile or motor vehicle shall file in the office of the secretary of state annually before June first a statement of his name and address, together with a brief description of every such vehicle owned by him, and shall obtain from said secretary a numbered certificate for each of said vehicles and that he has registered in accordance with the provisions of this chapter. These certificates shall be numbered consecutively, beginning with one. (L. '05, ch. 154, § 2; Rem.-Bal., § 5563.) 329. Record. The secretary of state shall keep a record of all such statements and of all certificates issued by him, with their numbers. (L, '05, ch. 154, § 3; Rem.-Bal., § 5564.) 330. Fee. The fee for issuing said certificate shall be two dollars and the fee for each renewal thereof shall be two dollars. (L. '05, ch. 154, § 4; Rem.-Bal., § 5565.) 331. Number. The number of each certificate, preceded by the letters “Wn.,” shall be displayed upon the back of such automobile or motor vehicle in light colored arabic numerals at least four inches high on a dark background. (L. '05, ch. 154, § 5; Rem.-Bal., § 5566.) 332. Alien Cars. The provisions of the previous sections shall not apply to automobiles, motor vehicles or motorcycles owned and operated by non-residents of this state: Provided, The owners thereof have complied with any law requiring the registration of owners of automobiles, motor vehicles or motor cycles in force in the state, territory or federal dis trict of their residence, and the registration number showing the initial of such state, territory or federal district shall be displayed on such vehicle substantially as provided by section five of this chapter. (L. '05, ch. 154, § 6; Rem.-Bal., § 5567.) 333. Lamp. Every automobile or motor vehicle when driven on any public road, highway, park or parkway, street or avenue within this state shall, during the hours of darkness, have fixed upon some conspicuous part thereof at least one lighted lamp, showing white to the front and red to the rear, and shall have the license or certificate number of said vehicle painted in dark arabic numerals across the white glass in said lamp. (L. '05, ch. 154, § 7; Rem.-Bal., § 5568.) Every automobile or motor vehicle using gasoline as motive power shall use the "muffler,' so called, and the same shall not be cut out or disconnected within the limits of any city or village within this state. Every automobile or motor vehicle shall be provided with good and efficient brakes and with a bell or horn, which shall be rung or blown whenever there is danger of collision or accident. The driver or operator of every automobile or motor vehicle shall turn to the right in meeting vehicles, teams and persons moving or headed in an opposite direction, and turn to the right* in passing vehicles, teams and persons moving or headed in the same direction. (L. '05, ch. 154, § 8; Rem.-Bal., § 5569.) See $324. 335. Care to Be Used. Every person having control or charge of any automobile or motor vehicle, whenever upon any public street or way, and approaching any vehicle drawn by a horse or horses, or any horse upon which any person is riding, shall operate, manage and control such automobile or *The provision of the above section which requires an automobile to keep to the right on passing vehicles headed in the same direction is contrary to the custom in this country. The general construction of the sentence would indicate that an antithetical expression was intended and that the word "left" was what was meant in this second direction. As it stands it is contrary to custom and is not complied with. See Elliott, Roads and Streets, 3d ed., §§1078-1083. Abbott, Automobile Law, rule 35. Some authorities hold that one may pass in the same direction on either side. Huddy, Automobiles, $93. motor vehicle in such manner as to exercise every reasonable precaution to prevent the frightening of any such horse or horses, and to insure the safety and protection of any person riding or driving the same. And if such horse or horses appear frightened, the person in control of such motor vehicle shall reduce its speed, and, if requested by signal or otherwise by the driver of such horse or horses, shall not proceed further toward such animal unless such movement be necessary to avoid accident or injury, or until such animal appears to be under the control of its rider or driver. (L. '05, ch. 154, § 9; Rem.-Bal., § 5570.) Traction engine on road. See $310. 336. Speed. No person, driver or operator in charge of any automobile or motor vehicle on any public road, highway, park or parkway, street or avenue within the state shall drive, operate, move, or permit the same to be driven, operated or moved at a rate of speed faster than one (1) mile in five (5) minutes within the thickly settled or business portion of any city or village within this state, nor outside of such thickly settled or business portion of any city or village on any public road, highway, park or parkway, street or avenue, at a rate of speed faster than one (1) mile in two and one-half (21⁄2) minutes; nor over any crossing or crosswalk within the limits of any city or village, at a rate faster than one mile in fifteen (15) minutes when any person is upon the same. (L. 05, ch. 154, § 10; Bem.-Bal., § 5571.) 337. General Rule as to Speed. No person driving or in charge of any automobile, or motor vehicle on any highway, townway, public street, avenue, driveway, park or parkway, shall drive the same at any speed greater than is reasonable. and proper, having regard to the traffic and use of the way by others, or so as to endanger the life or limb of any person; and racing any such vehicle on any way or parks is hereby forbidden. (L. '05, ch. 154, § 11; Rem.-Bal., § 5572.) 338. Cities May Make Rules. Cities, towns and counties shall have no power to pass, enforce or maintain any ordinance, rule or regulation requiring of any owner or operator of any automobile or motor vehicle, any license or permit to use the public roads, highways, park or parkways, streets or ave |