Lancaster gazette. [volume] (Lancaster, Mass.) 1828-1830, 1828-03-25

tS.oelllS W ConCfacIS LOT making High
ways, when the same have been actually
commenced or contracted for shall be by
SAD Commissioners Of Highways, transfer
req TO the County Commissioners in their
respective Counties, who shall proceed there
on according to the provisions of this act,
AND whenever any highway is already laid
out or altered in any County which it would
De 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, or by them
contracted to be made, it shall be the duty
OF said County Commissioners, to do and
perform all the acts, in relation to the maxi
ing of the same, which it would be incun-
bent upon the said Commissioners of High
ways 10 do and perfrom if this act had not
been passed.
SEc.7. Be further enacted, That wben-
ever petition shall be presented to anv
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 or the Town or Towns, District
or Districts within which the said LAYING out.
alteration or discontinuance, is PRAYED for.
thirty days, at least before any view of the
premises, or any hearing or adjudication
thereon, and shall also give such other no.
tee to all persons and Corporations inter-
ested therein by causing copy thereof to
De published in some newspaper printed in
the County, ifany such there be, three weeks
successfully, the last publication to be four
teen days at least before such view, hearing,
or adjudication, 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 said view.
hearing, or adjudication. And it shall be
the duty of said County Commissioners to
view the premises in all cases when thereto
requested by the petitioners, and in all other
cases, when the said Commissioners shall
deem view expedient and proper, first Civ
ing notice to all persons and Corporations
interested, Of the time and place of such
view in manner as aforesaid: and after hear
ing the parties at the time of such view, or
at their 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
meeting, or as soon as may be thereafter,
consider and adjudicate upon the common
convenience land necessity of laying out, al
tering, or disseminating the said highway or
road. And when they shall order any high
way or road to be laid out, or altered, the
said County Commissioners shall perform
al the duties by lawrequired of Connnittees
Tor laying out highways. And they shall
also determine, and specify in their return
OF said laying out or alteration, the manner
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 high
way or road by said Commissioners at their
regular or adjourned meeting, the town 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 Commits
sloners prescribed, complete the same to the
acceptance of said Commissioners, the said
Commissioners shall, as soon as may be-.
cause the same to be completed, and at their
next regular meeting shall order the expen-
ses and charges therefor to be paid out of
the County treasury, and shall order notice
thereof to be given to the town or towns,
district or districts so delinquent, and the
part thereof each town or district is to paw I:
And if the town or towns, district or dis
tricts, so delinquent do not, before the next
regular meeting of said Commissioners, pay
their proportion of said expenses and char
ges, 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
terest at the same rate, against said town or
towns, district or districts, to be collected
as other warrants and paid into the County
treasury.
SEC. 8. Be Il, further enacted, That when
ever the County Commissioners ofany Coun-
ty 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 a sum not
exceeding one half part of the whole ex-
pense 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. Provided, That no more than one
half the estimated expense of making said
highway or road within any one town OF
district, shall be paid to said town or dis
trict; 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 certif-
cate thereof, which being produced to the
County treasurer, he shall pay to said town
or district the sum so allowed them.
Sec. 9. Be 1t further enacted, That for
each of the counties in the Commonwealth,
except the counties of Suffolk, Middlesex,
Essex, Worcester, Norfolk, and Nantucket,
there shall be appointed and commissioned
in the manner prescribed in the second sec
ton of this act, two persons to act as special
County Commissioners who shall be sworn
to the faithful discharge of the duties of