The Literary echo, and Pawcatuck advertiser. [volume] (Westerly, R.I.) 1851-1854, 1854-03-16
1913

conferred, provided that the amount
Of such assessment shall not exceed the
amount of the benefit and advantage
sscertaincd as aforesaid, bat in case of
such excess, to the extent Of such benefit
and advantage. And the Commission
ers shall include said assessment and
apportionment in their reporSSforesaid.
And upon the coming in of said report,
signed by said Commissioners, or any
three of them, said Court shall by order,
after giving notice to the parties inter-
ested, and after hearing any matter
which may be alleged against the same,
either confirm the same or refer it in
whole or in part to said Commissioners
for rcvisal and correction, or to new
Commissioners, as they think fit, who
shall return the same 80 corrected and
revised to said Court, without unneces-
sary delay, which shall be confirmed or
again referred as aforesaid, as right and
justice shall require, until report shall
be made which said Court shall confirm.
But before the confirmation of said re-
port, either of the parties interested,
who shall object thereto, may have a
trial by jury before said Court, in the
manner hereinafter provided, to deter
niue the loss and damage, benefit and
advantage, apportionmcnt and assess
ment as aforesaid. And in case the
amount of loss and damage over and
above the benefit and advantage as afore-
said as assessed by said Commissioners
shall be increased or decreased by the
verdict Of the jury, or in case the amount
of the assessment Of the benefit and ad-
vantage over and above the loss and
damage, or of the apportionment and
assessment shall be decreased or in
creased by the verdict of the jury as
aforesaid, said Supreme Court shall con-
firm the report of said Commissioners
after altering the same so as to conform
to the verdict of damages Or apportion-
ment in consequence Of the change in
said report shall enure to or be paid by
said city of Providence, and such report
so confirmed shall be final and conclu-
sive upon all parties. And said city
Of Providence, after electing that they
will make said improvements as provided
In tho ninth section of this act, shall be-
come seized of the lands, tenements,
hereditaments and premises, in said re-
port mentioned, that shall be required
for said laying out enlargement, straight
ening, or other alterations in trust,
nevertheless, that the same be appro-
priated and kept open as public street.
And said city Of Providence may there
upon, by such persons as the Board of
Aldermen of said city shall order, either
Immediately or at any time or times
thereafter, take possession Of the same,
or any part or parts thereof, without
any suit or proceeding at law for thai
purpose, and remove all buildings and
ether impediments as said Board oi
Aldermen shall direct. Provided, how
ever, that it shall be lawful for said
City Council, by such person or persons
as they shall direct, at any time before
the final confirmation of said report as
aforesaid, TO agree with any of the par
ties interested,a AS to the loss and damage,
benefits and advantage, apportionment
and assessment to each as aforesaid
And in case any Real Estate belonging
to the city OF Providence, shall be taken
or benefited as aforesaid, said Commis.
sioners shall estimate and assess the los.
and damage, benefit and advantage, ap.
porionment and assessment, the same
a. in the case of all other Real Estate
Sec. A. That in all cases where thu
whole Of any lot or parcel of land o.
other contract, shall be taken for any O
the purposes aforesaid, upon the election
by the City Council as provided by th'
ninth section of this act, to make tn,
said Improvement, said lease or contrac
shall respectively cease and determin,
and be absolutely discharged. And il
case part only of any lot or parcel o
land or other premises, so under leas,
or other contract, shall be taken, al
contracts and engagements respecting
the same shall, from the time of thu
election aforesaid, cease and determine
and be absolutely discharged as to the
part thereof so taken, but shall remain
valid as to the residue, and the rents
considerations and payments reserved O,
payable and to be paid for, or in respect
to the same, shall be so apportioned a,
that the proportional part thereof just.
ly and equitably payable, or tha
ought to- be paid for such said residue
thereof; and no more shall be demand
ed or paid or recoverable for or in re,
spect of the same.
Sec. 8. The city of Providence
shall within four months after the con