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

commissioners, at the time and place therein
set forth; and whenever the standinr Commits
sioners shall be required to view the PREMISES.
on any petition to lay out, alter or discontinue
any highway, or to lay out or alter any high
way, OF 70 90 any matter or thing prescribed by
law Ior them to do, at any other time, than at
a regular meeting of said Commissioners. and
there shall be vacancy in their numbers. or
any one or more of them shall be unable to act
lhefeln, such OF said standing Commissioners as
are aoie SO to act, shall in writing notify and
summon one or both of said special Commmis-
sloners, as the necessity Of the case NAV REQUIRE
to attend the meeting of said Commissioners. at
the time and place therein set forth: and the
SAID special Commissioners, when attending to
the duties OF their office, shall have the same
power as the standing Commissioners.
SEC. H. BE 1t further enacted. That for all
services performed by said standing Com,nis.
sioners; or said special Commissioners each Of
them shall receive at the rate of one dollar FIR
every ten miles actually travelled by them in
the discharge OF the duties of their Office, and
three dollars per day for all time spent by them
IN SAID duties, provided they shall not receive
pay per day and for travelling at the same time.
ana not on more than one petition, or for service
es on more than one road at the same time.
Sec. II. Be 1t further enacted, That no peti
ton Tor laying out, alteration or discontinuance
OF any highway or common road, or for a Jury
IN relation thereto, or in consequence thereof
shall proceeded upon, by the County Commits
sloners OF any County, until the petitioner or
petitioners snail cause sufficient recognizance
to be given to the County, with such surety as
the said Commissioners shall accent. TO say all
the costs made in pursuance thereof. in case
such petition shall not prevail And in case
such highway or road shall be finally laid our
and established, altered or discontinued. all the
expense OF the Commissioners and of the view,
and of the laying out or alteration and all dam
ages allowed for the laying out, alteration. or
dlscontinuance, shall be paid out of the County
Treasury And in case the said highway or
road shall not be finally laid out, and established.
altered, or discontinued, all the said expenses
snail be paid by the person or person recoeniz-
ing therefor as aforesaid. And if the same are
not SO paid, they shall be paid from the
County Treasury. And on the neglect or -efu-
sal OF the person or persons so recognizing. to
pay the same, after due notice given, the said
Commissioners shall issue a warrant AGAINST
him or them, for the amount of said expenses
with the costs of the notice and warrant, to be
collected as other warrants, and the money paid
into the County Treasury
SEC. II. Be at further enacted, That no
petition for a jury in relation to the locating,
altering, or disseminating any highway, or to
the estimating damages, or fer committee if
the same shall be agreed upon, shall be sustain
ed, unless 1T is presented as soon as the regular
meeting OF the Commissioners next after that
at which such laying.out, alteration, or discon-
tlnuance is established And such jury shall in
all cases consist oftwege persons and no
town, excepting that in Dukes County, four may
be taken from each town, and their verdict shall
be agreed upon within three months from the
lime that such jury may be ordered, and shall
be returned to the Court of Common Pleas for
the County in which such petition is preferred,
to be holden next after the same. shall be agreed
upon, and the said Court shall adiudicate upon
said verdict, and may set the same aside for
good cause shown, and the Clerk of said Court
shall return certified copy of said verdict, with
the adjudication of the said Court thereon en-
dorsed, at the meeting of the Commissioners
next after the term of said Court at which such
adjudication shall be had and in case the said
verdict shall be set aside, the Commissioners
shall, on application, order new jury, and there
upon the same proceedings may be had as is
provided And whenever such
petition is presented, the said Commissioners
shall, exoficio, take notice thereof in behalf of
the County, without farther notice to the
County; and they shall have power, in behalf
of the County, to agree with the petitioners to
prayed for, whose reports shall be returned at
the meeting of the Commissioners, next after
that, at which such Committee shall be agreed
upon or the same shall be set aside, unless for
good cause shown, the said commissioners should
allow the same TO be returned at the next sue
ceeding meeting. And the said Commissioners
shall, they fit, appoint some person to attend
upon said Jury or Committee, as agent of the
County, who shall be allowed therefor, of the
same rate, as is allowed to said Commissioners
for their services, and to be paid in the same way
And it shall be the duty ofthe officers summon
ing such jury or of such Committee, if so SUBJ
stituted to give the said agent reasonable notice
of the time and place of their meeting And if
said Jury or Committee shall not alter said way,
or increase the damages, the cost incurred in
pursuance thereof, shall be paid in the same way,
as is provided in the eleventh section of this act,
by the person or persons recognizing therefor
as aforesaid, otherwise the costs and all the in
crease of damages shall be paid by the County :;
and whenever the said Commissioners shall
order Jury, a Committee agreed upon to
consider and report upon the laying out, altera
ton, or discontinuance of any highway, the way
SO laid out or altered shall not be opened or
worked, and the way SO discontinued, shall not
be closed up, until after the meeting of the
Commissioners, at which certified copy of the
verdict of such Jury on the Report Of such Com
mittee, is by the provisions aforesaid return
able. And in such case, the said Commission
ers may allow such further time as they shall
Judge reasonable for the town or towns by law
liable therefor, to make and complete such
Highway
SEC. Is. Be 1t further enacted, That when
pursuant to the statute in that behalf provided
application shall be made to any county COM
missioners, to lay out a private or town way
which the selectmen of town or district have
unreasonably neglected or refused to lay out, or
the town or district have unreasonab!y neglect
ed or refused to approve and allow Of or when
petition shall be preferred to said commission
ers for the discontinuance Of any private or
town way, before any proceedings had thereon,
the petitioner or petitioners shall cause a like
Al