The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1828-03-12


sloners, not exercised by the Courts of Sessions
before the fourth day of March, in the year of
our Lold one thousand eight hundred and TWEEN
ty-slx, shall not be exercised by the County
commissioners to be appointed for the County
of Nantucket.
SEC 5. BE at further enacted, That all petit
lions, recognlzances, warrants, orders, certifi-
Gates, reports and processes made to, pending
IN, taken TOR, or continued or returnable to the
Courts OF Sessions, in the several Counties,
shall be returnable to, proceeded in, and determ-
med by the respective County Commissioners
within, and tor the same Counties, at their
meeting, which shall be next holden after the
passing OF this act. And all petitions, recog-
nlzances, warrants, orders, certificates, reports
and processes, which shall hereafter be made or
taken, shall be made and taken to the County
commissioners, within their respective Coun-
ties, at their meeting which shall be holden next
after the passing of this act, in the same man
ner as they would have been made and taken to
the said Courts of Sessions, if this act had not
been passed.
Sec. q. BE 1t further enacted, That all bust
ness relating to the laying out alteration or dis
continuance of any highway or common road
now pending before the Commissioners Of High
ways, in the several Counties, together with all
papers, documents and plans relating thereto
excepting those relating to contracts for max
ways hiCH LHc odul6 nave DScil dCLu-
ally commenced or contracted for shall be by
SAID Commissioners of Highways, transferred
to the County Commissioners in their respective
Counties, who shall proceed according TO the
provisions of this Act And whenever any
Highway is already laid out or altered in any
County which it would be the duty of such
County TO make, under the provisions of the
law and the working of the same is not already
commenced by said commissioners of Highways,
! nr hvy fha,., L. "a Il n 1
the duty of said County Commissioners, to do
and perform all the acts, in relation to the max
ing Of the same, which it would be incumbent
upon the said Commissioners of Highways to
do and perform if this act had not been passed
! SEC. z. Be 1t further enacted, That when
ever petition shall be presented to any County
Commissioners for the laying out, alteration, or
discontinuance of any highway or common
| road, the said Commissioners shall cause copy
thereof to be served upon the clerk of the Town
or Towns, District or Districts within which
the said laying out, alteration or discontinue
ance, is prayed for thirty days, at least, before
any view of the premises, or any hearing or ad-
JudIcatlon thereon, and shall also give such
other notice to all persons and Corporations in
terested therein by causing copy thereof to be I
PuDlshed IN some newspaper printed in the /
County, if any such there be- three weeks sue
cessively, the last publication to be fourteen
days at least before such view, hearing or adiu-
dIcatlon, and by causing copies Of said petition,
or abstracts containing the substance thereof, to
be posted up in two public places in each of the
SAID Towns or Districts, fourteen days before
sdld view, nearing or uuIcueI0Il fIa
be the duty of said County Commissioners to
view the premises in all cases when thereto re-
quested by the petitioners, and in all other cases
when the said Commissioners shall deem view
expedient and proper, first giving notice to all
! md info Cd &c "a
time and place Of such view in manner as afore-
said and after hearing the parties at the time
7 of such view, or at the next regular meeting,
or at some adjournment OF such regular meeting,
as they shall judge expedient, they shall at said
next regular meeting or at such adjourned meet
ing, or as soon may be thereafter, consider,
and adjucate upon, the common convenience
and necessity of laying out, altering or discon-
tnuing the said highway or road. And when
they shall order any highway or road to be laid
out, or altered, the said County Commissioners
| shall perform all the duties by law required of
Committees for laying out highways. And
they shall also determine, and specify in their
return of said laying out or alteration, the man.
ner in which the highway or road so laid out
or altered, shall be made, and the time or times
within which the same shall be completed. And
if after the establishment of said highway or
| road by said commissioners at their regular or
adjourned meeting, the 1wn or towns, district
or districts, whose duty it is to make the same,
shall not within the time or times and in the
manner by said commissioners prescribed, COM
pete the same to the acceptance of said COM
mssioners, the said commissioners shall, as soon
| as may be, cause the same to be completed, and
a. their next reg lar meeting shall order the ex
penses and charges therefor to be paid out of
the county treasury, and shall order notice
thereof to be given to the town or towns, dis
trict or districts SO delinquent, and the part
| thereof each town or district is to pay And if
the town or towns, district or districts, so dein-
quent, do not, before the next regular meeting
ofsaid commissioners, pay their proportion of
said expenses and charges, with ten per cent.
per annum interest thereon, from the time the
same are ordered to be paid from the county
| treasury, the said commissioners shall issue
warrant or warrants for the said sum or sums
including interest at the same rate, against said
town or towns, district or districts, to be col
lected as other warrants and paid into the
county treasury.
SEC. g. Be 1t further enacted, That whenever
the county commissioners of any county shall
lay out or alter, and establish any highway or
common road, which they shall Judge will be of
general use and Importance to the public, they
shall have power, if they see fit, to order and
direct, that sum not exceeding one half part
of the whole expense of making said highway or
road, as estimated by them, shall be paid out of
the county treasury, specifying the proportion
thereof TO be paid to each town or district by
law liable to make the same, if more than one
PrODided, That no more than one half the esti-
mated expense Of making said highway or road
within any one town or district, shall be paid to
said town or district; and when any town or
district to which such allowance is made, shall
have completed their part of said highway to
the acceptance of said commissioners, the said
+, commissioners, after having examined the
same throughout, shall give them certificate
thereof, which being produced to the county
treasurer, he shall pay to said town or district