The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1826-03-29

manner as if this act had not passed.
SEC. a. Be IL further enacted, That when
ever any person shall think himself agerieved
by any order, opinion or judgment of the JUS
tice of said Court, vino shall preside at any
term thereof, the same proceedings shall be
had as is provided by law for like cases, and
in such case the action or cause shall be en-
tered at the uext term of the Supreme Judi
cial Court, which shall be holden at Boston
for the County of Suffolk and the party com
planning of such order, opinion, or judgment,
shall within suchtime, as shall be required by
the Justice presiding at the trial, produce and
file in the Clerks Office of the % lnty, all such
copies and papers as shall be ordered by the
said Judge and the said Court so holdea in
Boston, in the County of Suffolk, shall proceed
TO hear and determine such cases, and award
judgment and execution thereon, in the same
manner as if said cases of actions had been
tried in the said County of Suffolk, provided
that if new trial shall be awarded, it shall
DE had in the said county OF Nantucket.
SEC. S. BE ii further enacted, That in all
criminal trials which shall be had before the
Court to be holden at Nantucket, as by this
act is provided, if the party against whom
verdict may be returned, shall file his excep-
tons TO any opinion, order, or judgment Of the
justice who shall hold said Court, in any mat
ter Of law arising i'll the course of the trial, he
shall be holden to recognize, at the discretion
OF the said Court, for his personal appearance
at the next term ofthe Supreme Judicial Court,
which shall be holden at Boston aforesaid, by
three or more Of the Justices thereof; and
eaid catart GO halaAn shall nrnceed TO hear and
determine said question, aud may award sem
tence against the party so complaining, or
grant new trial as TO law and justice shall
appertain.
SEC. 6. Be ii f,trther emacied, That an
act passed on the eighteenth day of June, in
the year Of our Lord one thousand eight hum
dred and twenty-five, entitled an act in addi-
ton to an act, TO establish the terms of the
Supreme Judicial Court, and all other acts
and parts Of acts inconsistent with the provis-
ions of this act, be, and the same are hereby
repealed.
Approved, March 9, 1926.
AN ACT in addition to an Act, directing
the method of laying out Highways
SEC. l. Be ii enacted By The Senate and House
Of Representatives. an General Court assembled,
and by The authority Of The same, That for
each County in the Commonwealth, except
the Counties of Suffolk and Nantucket, there
shall be appointed and commissioned by his
Excellency the Governor, by and with the
advice and consent of the Council, 10 hold
their Offices for five years, unless sooner re-
moved by the Governor and Council, FIVE
Commissioners of Highways, except in the
Counties of Dukes and Barnstable, in which
there shall be appointed only three, who shall
be inhabitants OF such County, and who shall
be sworn 20 the faithful discharge of the @du-
ties OF their trust, one of whom shall be desg
mated as Chairman by his { commission, and
whenever any vacancy shall happen in said
board OF Commissioners, by death, resignation
or otherwise, such vacancy shall be filled by
the Governor and Council.
SEC. @. BeI further enacted, That when
new Highway or common Road, from town
to town or place to place, shall be wanting,
or when any Highway or common Road laid
out, stated and established, may, with con-
venience, be turned, altered, or discontinued,
application therefor shall, by petition in writ
ing, be made to the said Commissioners alone,
any three or more of whom shall have power
to hold meetings for the purpose of receiving
the said petitions, and performing all the du-
ties prescribed by this act, at such time or
times, place or places, as they shall see fit,
upon giving reasonable notice thereof.
SEC. 3. Be ii further enacted, That the
said Commissioners, upon said petition being
preferred, shall proceed to view the route Of
the Highway mentioned in the same, if they
shall deem such view proper, having first Civ
en- reasonable notice TO all persons and Cor
porations interested, of the time and place Of
such view, and after such view, and hearing
OF the parties, shall have power TO order and
determine upon the making, altering, turning
or disseminating such Highway or any part
thereof, and shall also estimate the damages.
II any, which any person or Corporation shall
sustain IN his, her, or their real estate, by
means OF such Highway being made, altered,
turned, or discontinued, and make return of
their dolngs IN the premises, with an accurate
plan or description of the Highway so made,
altered, turned, or discontinued, to the next
Court of Sessions, TO be holden after such ser
vice shall be performed, to the end that the
same may be there recorded, and known and
recognized as Highway ;-PrOUided ho10erer,
that said Commissioners, before they proceed
to lay out or alter any Highway, shall adjudge
the Same to be of common convenience and
necessity.
SEC. d. find be al further enacted, That
the Commissioners shall have power, and it
shall be their duty, to cause all roads located
by them, to be constructed and finished to the |
acceptance Of said Commissioners, in such
manner as will best promote the public inter-
est; and all expenses, thus incurred, shall be
certified by the Commissioners to the Court Of
Sessions, who shall draw the warrant in favor
OF the party building the same, which warrant
shall be satisfied out Of the Treasury of the
County, and all acts, decisions and orders,
whether they relate 10 the location, construc-
ton, or discontinuance oil any road, shall be
returned to the Court of Sessions, and the
same be recorded in said Court.
SEC. 5. And be ii further enacted, Tha.
the several Counties in this Commonwealth
shall pay the damages sustained by any per-
son or Corporation, in his, her, or their real
estate, by laying out, altering, or discontinu-
ing of any Highway as aforesaid, and for the
construction Of the same and any person or
body corporate, aggrieved by the doings Of