Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1856-12-20


permit The opening Of such ditch, bitches, or
outlet through the same, may apply to the Sc
leeiinon of the town where such lands lie, who
shall cause notice Of such application and the
time for hearing to be served on the owner of
such lands at least ten days before the hearing.
Sec. 2. The sele"tmen shall attend at the
iIpe and place specified ia said notice, and
shall personally examine the premises aud hear
any reasons that may be offered in regard to
the question to be submitted 10 them
Sec. B. II, aner taking all the circumsiar-
ces into consideration, such s,leclmen shall be
OF the opinion, that the opening Of such ditch,
bitches or outlet is necessary and proper, they
shall so certify in writing, together with the
exact location, size, depth, and slope Of such
ditch, bitches or outlet; and whether The ben
ehls which will accrue or be likely to accrue
to the owner OF such lands from the opening of
such ditch, bitches or outlet will or will no,
be eqnal to any damages that he will sustain
or be likely to sustain thereby.
Sec. e. II such benefits shall be certified
not TO be equal 10 the damages, the selecimen
shall assess the same, or such sum as they shall
think the owner will sustain or be likely TO sus-
tain beyond the benefits received or likely to be
received, and certify the same under their
hands, in writing, and deliver copy Of the
same 10 each Of the parties Prorided, That
II any person whose lands are sought to be oc-
cuPied for the purposes aforesaid shall have al
ready constructed ditch or outlet Of his own
expense suited 10 the objects Of the applicant,
the said selec,men shall assess said applicants
for such sum only as to them shall seem Jus,
and equitable.
Sec. 8. Such selecimen shall tx the time
for the payment Of any damages assessed by
them, and also the time when the applicant may
enter on such lands TO open such ditch, bitches
or outlet: Prouidod, that no such entry shall
be made when damages are assessed until such
damages are paid, or rendered 10 the persons
entitled to said damages.
SEC. @. II any person owning Or interest
ed IN lands through which such ditch or outlet
shall be opened, shall be dissatisfied with the
opening of such ditch or outlet, as well as with
the compensation for his damages, he may make
application by petition in writing to the county
court in the same county at their next term. II
there shall he time for notice, il not. at the sue
ceeding term. And any number Of persons
asgrieved may join in the petition. And the
petition, together with citation for that pur-
pose, shall be served on the applicant at leas,
twelve days before the sitting Of the court: and
the court shall appoin, three disiu,erested free
holders to be commissioners To inquire into the
necessity Of such ditch or oa,let, and the man
ner in which the same shall have been located
as well as the damages which may have been
sustained by the petitioner
Sec. 7. The commissioners shall give no.
tice 10 The parties Of the time when they will
make such enquiry and hear tho parties and
or the report OF the commissioners the court
may establish, set aside or alter such ditch or
outlet as shall appear just; and may render
judgment for the petitioner to recover against
the applicant such sum for his damages as shall
be shown by such report TO have been sustain
ed; and II the sum so allowed shall be greater
than was assessed by the selectmen, the court
may tax costs for eithsr party, as shall appear
Just. And when application shall be made 10
the county court, as provided in the preceding
section, the opening Of such ditch or outlet
shall be stayed until the decision of the county
court; and such court may fix the time for op-
ening the same.
SIC. 8. Such ditch, bitches or outlet may
be altered or enlarged when in the 6pinion OF
the sclecimen Of the town in which such ditch,
bitches or outlet is situated, such alteration or
enlargement is necessary, and The damage there
for shall be assessed in the same manner as is
provided in the preceding sections of this act
for opening the same.
SFC nar uu.h J;,.L
shall have been opened, it shall be lawful ior
the said applicant, his heirs and assigns forey.
er theleailer, from time as shall be necessary
IN reasonable manner to enter upon the lands.
through which such ditch, bitches or oulle,
shall have been opened for the purpose of clear
ing out and securing the same, in such manner
as to preserve the original length, depth, and
width thereof
Sec. 10. Any person who shall dam up,
obstruct or in any way injure any ditch, ditch
es or outlet so opened, shall be liable To pay to
the person owning or possessing such swamp
or other land for The draining Of which such
ditch, bitches or outlet shall have been opened,
double damages for such injury, to be recover
ed before any court proper to try the same.
SEC. IL. The selectmen shall cause their
proceedings, certified as aforesaid, to be recor-
ded in the town clerk s Office in the town where
such ditch, bitches or outlet are situated, which
shall be notice to all persons, of the person ma
king such ditch, bitches or outlet.
Approved, Nov. 18Th, 1856.
No. 36.-An Act Defining the Duties of
School District Clerks.