The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-05-01

VI Snahouse, ihe's suouIu happen not 10 De
lui jury, said officer shall I'll me PANEL de-
lsiiUus clrcumstsntibus, as in other cases
And such officer snail make return Of his own
rage and Attendance and that OF each Juror.
| AID II The jury or committee sgteed upon as
| aiCTesaid, who are 10 tie under oath, shall not
| increase The damages, The person complaining
snail De at all the costs incurred on that occa-
sion, 10 be taxed against him by said Court,
Otherwise such costs shall be paid by the coun-
| ~, and the increase oil damages SHALL be paid
by the town ia n h.ch such trrg1I"ay IS located
Seer. e BE Il fnrihsr cnaetea, That if the
right or interest OF any complainant, IN or 10
the real estate aliedget to be damaged by the
laying out Of such highway shall be denied
10y the town or corporation complained
against, the jury summoned, or committee
agreed on as aforesaid, shall have authority 10
consider aad determine such question of right
or interest SO tar only as respects the damages
oil said complainant.
| SECT. 3. Be 1t further enacted, That com
| tniltees and Jurors that shall assess damages
occasioned by laying out any highway, shall
give the owner OF said land a reasonable time
| 10 lake of The wood, timber or trees: and il
lhe owner oil such land shall neglect to take
| oil said wood, timber or trees, within the time
sci by said committee or Jury, /, shall be for
ieied for the benefit OF the road
/ SECT. A. BE IL further enacted, That the
verdict Of such jury, or the report Of the COM
mittee agreed upon as aforesaid being made
under their hands 10 said Court, and by them
accepted and recorded, shall conclude The per-
son or persons complaining with respect to the
damages.
! Sect. 5. Be il further enacted, That when
two or more persons have occasion to apply
to any Court Of Sessions at the same time ioI
IJoint or several damages occasloned by tlie
laying OF the same highway. they may JON In
the same complaint, and their respective
claims OF damages shall in ,hat case, be con-
sidered and determined by the same jury OF
committee, and the costs shah be taxed joint.
ly or severally as The Court in their discretion
may determine 10 be equitable.
SECT. 6. Be 1t jartter enacted, That ii any
town OF other corporation shall find them.
selves aggrieyed BY the doings Of committee
Of the Court OF Sessions in any county, in Is
tlmating damages by virtue of this act, such
town or corporation may apply to said Court,
and be allowed jury or committee 10 hear
anc finally determine their complaint, in the
same manner, under the same limitations ard
| conditions, as are provided in this Act in the
case Of an individual person.
Sect. z. Be further enacted, That when
any person shall be aggreved by the doings
OF committee IN estimating damages, and
shall apply TO the Court having jurisdiction in
| this behalf, and the town or>corporation shall
apply IN like manner and both applications
are or shall be pending before the same Court,
then The same Court may hear and finally de-
termne both applications, by one and the
same jury or committee, and not by two sever
Al juriss or committees and the party whose
Complaint shall appear TO have been without
just cause, shall be at all the costs incurred on
that occasion TO be taxed agsins; him by the
Court: and the verdict Of The jury or the re-
port Of the committee agreed upon, being
made under their hands to the said Court shall
be final.
Seer. 8. Be 1t further enacted, Tha: the
Court OF Sessions may order The payment of
such sum or sums of money as shall be asses
sed in damages to be paid by any town, In
consequence of this act, out Of the treasury
thereof: aud in default Of payment after a
reasonable time, may levy the same by war
rant OF distress upon the personal property OF
The inhabitants, 10 the use and benefit OF the
person or persons to whom the damages may
be awarded.
Sect. 8. Be II further enacted, That the
~ nj al n
are hereby authorized and empowered either
personally or by such person or persons
as they shall appoint TO lay GU, town or pri-
vate ways for the use Of such town only, or
for one or more individuals thsreof, or pro-
prietors therein but no such town or private
way shall be established until the same has
been reported to the town a, some public
meeting Of the inhabitants held for that pur-
pose, and by them approved and allowed.
And any town may alter or discontinue any
town or private way, when il shall appear that
the same is unnecessary for the inhabitants of
such town. And if any person or persons,
who are owners Of the land through which
such way shall be laid out, be injured thereby
he or they shall receive such recompence as
the party injured and The Selectmen shall a.
gree upon, TO be paid by he town or person
or persons for whose use the said way is laid
ont; or in case Of disagreement, as shall be
ordered by the Court Of Sessions upon an ia
quiry into the same by special committee, i'll
the parties agree thereto, or by jury 10 be
summoned and selected in the manner pie
scr'bed by the first section of this act. And
such committee or jury shall assess damages
for the INFUSED party TO be paid by such tow n
or person or persons As aforesaid,