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

suSh private way, a. .,.5fe described, being
tbereunto requested sSwri!ing by oae or mere
Of the inhabita or p,opnetors OF land 10 such
town, then the Court 81. Sessions FOR the same
county, al any session thereof within one year.
Al Inc request appear 10 ,hsm reasonable. may
cause the same private W to be laid out !,
the cost 81 The persons lying. BY 4 com
mi,tee Of thee d,sI &sted freetoa,lerss
which comm'tne ~ ins,e the d>fksess
occasioned ihersbyy Ss-thsrslel a. nell
as ascertain The place anu s1sS< * The said
private way; she damages TO be paid BY the
town, 1t 1t be OF general benefit, Otherwise by
The person or persons for whose use and bene-
hi the way is laid out; and the Justices of the
! respective Courts of Sessions Upon appica-
ton to Them made by any pary sggrie,ed al
| lne continuance OF any private way, may or
Ger and direct ciscoolinuance thereof, after
| notifying and heating the parties interested
therein, II they shall thereupn adjudge and
determine SUCH discontiuuancs reason able.
SECT. ] /. BE a. further esoclslI, That when
any Town shall unfeasonaby delay or refuse
10 approve and allow OF aLy private way laid
out BY The Seieclmen thereuf or their order
anu put he same on record, any person or
| persons agSr'esed by such delay or refusal
nay apply TO the Court of Sessions for the
same county, within twelve months after such
refusal or delay and the same Court after
hearing the town thereon, may accept and
\ approve q The said private way, as laid on,
ny Inc Seleclmen, and direct the same 10 be
recorded IN The town book or they may or
Ger lhe private way peutoned Tor, TO be laid
OUT ~ committee q three dsinteTested
ifeehoiders to DE by then appointed for that
purpose, which committee shall be under
similar directions and Obligations as to loca-
nDg and estimating the damages occasioned
thereby, as ia this act IS prescribed Tor CON-
mittee IN locating or altering county high
way.
SECT. IL. Be az further sa4cted, That when
any new highway shall be Lad out and aceep-
ted by The Court of Sessions a reasonable
time shall be allowed to the town through
winch such highway shall bad to make
II passable, safe aud convenient for travellers
anu others passing with their teams, Wagons,
or other carriages; PROVIDED, That such lime
shall not exceed Twelve months ffom the time
otsuch acceptance unless such Court shall
Tor reasons specially given, order longer
time. And u any town shall negect tier
duty in that respect the said Court On sppl,
Cation therefor, shall appoint committee Of
three disinteresied freeholders inthe same
county, to enter into any contract ocontrac.s
for making such new highway pssable as
sto-esait, the expense OF which shallbe imme
diately afterwards betrayed by thedelinquent
town, and in default thereof, the said Cour
shall issue warrant Of distress gainst such
town.
Sect. 10. Be 4, further enacted, That all
! highways, townways, causewavs md bridges
lying and being within the bounds Of
any town, shall be kept in repairlad amend
| ed from time 10 time, that the ssae may be
safe and convenient for traveller with their
horses, teams, carts and carriage, at all sea
sons OF the year, at the prope charge and
expense OF the inhabitants Of sue htown (where
ether sufficient provision is not made lherefor)
and there shall be chosen two 0 more suits-
bic persons, in each town, at To, annual meet
ing IN March or April, who shailbe deDomina :
ted surveyors of highways, to be notified and
| sworn IN like manner as other officers of the
same town. and in case Of refSs,l TO serve shall
forfeit and pay the sum Of ten dollars, to the
use of such town: Propided no person shs
be beId and obliged to serve more than one
year in three years. And il shall he the duty
OF the Selectmen of the several towns within
this Stae, before the FIRST day of May annual
ly, 10 assign 10 writing, to the several survey
ors, their divisions and limits for making and
repairing the highways, which assignments
the said surveyors are directed TO observe
and whenever any town shall elect the Sc
lectmen surveyors of highways, they shall be
authorized 10 delegate said power in writing
to such person or persons as they may deem
proper. And each town, at some public meet
ing OF the inhabitants thereof, regularly
notified and warned, shall vote and raise such
sum Of money, to be expended in labor and
materials on the highways. as they shall de-
termine necessary for the purpose. And The
assessors shall assess the same on the polls
and rateable estate, personal ard real, OF the
inhabitants, residents and non. residents of
their town, as other town charges are by law
assessed, and deliver 10 each surveyor
list OF the persons and the sums at which they
are severally assessed for hrs limits, and two
thirds Of the sum at least which shall be agreed
upon and granted by any town for making or
repairing the highways. shall be laid out and
expended for that purpose before the first Jay
OF July next after granting he same and the
surveyor shall give reasonable notice lin wri-
ting if desiredS to each person in bis list OF
the sum be is assessed to the highways, and
also to the inhabitants within his district as
ssssed as aforesaid, forty eight hours notice,