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

meeting of said Commissioners, the cause
thereof shall be assigned on the record, ant
a summons shall issue, requiring one or boil
of said special Commissioners, as the neces
sity of the case may require, to attend por
the meeting of said Commissioners, at the
time and place therein set forth; and when.
ever the standing Commissioners shall be
required to view the promises, on any peti
ton to lay out, alter, or discontinue. any
highway, or to lay out or alter any highway
or to do any other matter or thing prescrib.
led by law for them to do, at any other time
than at regular meeting of said Commits.
sioners, and there shall be vacancy in thei,
numbers, or any one or more of them shall
be unable to act therein, such of said stand
ling Commissioners as are able SO to act
shall in writing notify and summon one OF
both Of said special funissioners, as the
necessity of the case may 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. 10. BE 1t further enacted, That for
all services performed by said standing Com
mssloners, or said special Commissioners,
each OF them shall receive at the rate of one
dollar for 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, and not on more
than one petition, Or for services on more
than one road at the same time.
SEC. Ii. BE 1t further enacted, That no
petition for laying out, alteration, or discon-
lAnuance of any highway or common road,
or for jury in relation thereto, or in conse-
quence thereof, shall be proceeded upon, by
the County Commissioners of any County,
until the petitioner or petitioners shall cause
asutficlent recognizance to be given to the
County, with such surety as the said Com
mssioners shall accept to pay all the costs
made In pursuance thereof, in case such Pc
tltion shall not prevail. And in case such
highway or road shall be finally laid out and
established, altered or discontinued, all the
expenses of the Commissioners and of the
view, and of the laying out or alteration, and
all damages allowed for the laying out, alte-
ration, Or discontinuance, 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 shall be paid by the
person or persons recognizing therefor as
aforesaid. And if the same are not SO paid,
they shall be paid from the County treasury.
And on the neglect or refusal of the person
or persons so recognizing, to pay the same,
after due notice given, the said Commission
ers shall issue warrant against him or
them, for the amonnt q. 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 1t further enacted, That no
petition for a jury in relation to the locating,
altering, or disseminating any highway, or
to the estimating damages, or for commit
tee, if the same shall be agreed upon,
shall be sustained, unless it is presented as
soon as the regular meeting of the Commits
sioners, next after that at which such lay
ing out, alteration, or discontinuance, is es-
tablished. And such jury shall, in all cases,
consist of twelve persons, and no more than
three persons shall be taken from any one
town, excepting that in Dukes County four
may be taken from each town, and their YER
dict shall be agreed upon within three
months from the time 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 adjudicate upon said
| xyordiof onA cot fbo acido for
cause shown, and the Clerk of said Court
shall return certified copy of said verdict,
with the adjudication of the said Court
thereon endorsed, 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 appli-
cation, order new jury, and thereupon the
same proceedings may be had as is herein
before provided. And whenever such Pc
tition is presented, the said Commissioners
shall, ex officio, take notice thereof in be-
half of the County, without farther notice to
the County; and they shall have power, in
behalf of the County, to agree with the pc
titioners to substitute a committee in the
place of the jury prayed for, whose report
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
succeeding meeting. And the said Com
missioners shall, if they see fit, appoint some
person to attend upon said Jury or Commit
tee, as agent of the County, who shall be
allowed therefor at the same rate as is al
lowed to said Commissioners for their SER
vices, and to be paid in the same way. And
it shall be the duty of the officers summon
ing such jury, or of such committee, if SO
substituted, to give said agent reasonable no.
tee 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 thereoi snail De PAID
in the same way as is provided in the elev-
enth section Of this act, by the person or
persons recognizing therefor as aforesaid !;