Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1857-01-02
OF VERMONT.
SESSION OF 1856.


swamps and other low lands.
Is hereby enacted By the General assembly Q
the STATE Of Vermont, as tollo,rs
SEC. l. ANY person owning OF pos
sessing any swamp or other lands within
this State, who shall be DESTROYS to drar
such land, and who shall deem it neces-
sary in order thereto, that a ditch bitches
OF outlet, should be opened through land,
belonging to other persons, in case the
owners OF such lands shall refuse to per
init the opening OF such ditch, bitches or
outlet through the same, may apply to
the selectmen 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 selectmen shall attend
at the time and place specified in said
notice, and shall personally examine the
premises and hear any reasons that NAV
be offered in regard to the question to be
submitted to them.
Sec. ,. If, after taking all the circum-
stances into consideration, such selectmen
shall be Of the opinion, that the openino
Of such ditch, bitches or outlet is necas7
sary and proper, they shall so certify in
writing, together with the exact location.
size, depth, and slope of such ditch. ditch
es, or outlet and whether the benefits
which will accrue or be likely to accrue
TO the owner Of such lands from tbe OMEN
ing of such ditch, bitches or outlet will or
will not be equal to any damages that he
will sustain Or be likely to sustain there
by.
Sec. 4. Ifsuch benefits shall be GER
titled not to be equal to the damages. the
seIectmen shall assess the same, or such
sum as they shall think the owner will
sustain or be likely TO sustain beyond the
benefits received or likely to be received
and certify the same under their hands
IN writing, and deliver a copy of the same
to each OF the parties; Provided. That
II any person whose lands are souoht
to be occupied for the purposes afore-
SAID shall have already construcsad q
ditch or outlet at his own expense snitod
to the objects Of the applicant, the said
seIectmen shall assess said applicants for
such sum only as to them shall seem inst
and equitable. '
Sec. >. The selectmen shall fix fbo
time for the payment Of any damages as
sessed by them, and also the time when
The applicant may enter on such lands to
open such ditch, bitches or outlet Pro-
"taed, that no such entry shall be made
when damages are assessed until sncb
damages are paid, Or rendered 70 the nar.
sons entitled to said damages.
Sec. e. If any person owning or in
terested IN lands through which such
hitch or outlet shall be opened, shall he
dissatisfied with the opening of such ditch
2r outlet, as well as with the compensa-
ION for his damages, he may make an
1Llcatlon by petition in writing fl the
county court in the same county at their
next term, if there shall be time for M
Zee II not, at tie succeeding term. And
my number Of persons aggrieved NAV
on III the petition. And the petition IT,
5ether with citation for that nurrosa
hail be served On the applicant at least /
we've days before the sitting of the court.
md the court shall appoint three disin5
crested treeholders to be commissioner
o inquire into the necessity Of snnb
lIch or outlet, and the manner in which
he same shall have been located as well
$ Inc damages which may have been
ustalned by the petitioner.
Sec. Z. The commissioners sbou
ave notice to the parties of the time when
icy viii make such enquiry and hear
Ne parties and on the the Tenorf of No.
commissioners the court NAV estab1;ah
81 aside or alter such ditch mr. on,Iot
nail appear just; and may render ipd% %
iehl loI the petitioner to recover aSa;n9t
le applicant such sum for his damagaa I
iail he shown by such report TO bo~o I
cen sustained and if the sum co Ill.
1 SIia'ii De greater than was assessed hv
lie seiectmen, the court may tax cost,
! elmer party as shall appear inst
nd when application shall be mad -
e county court, as provided in the nro-
edlng section, the opening of such ditch
outlet shall be stayed until the decision
me county court and such court NAV
= Inc time Tor opening the same. fl
Gee .. Such ditch, bitches or ontIet =
y be altered or enlarged when in the q =
, mon OF the seleetmen of the the town .,
wa, winch such ditch, bitches or outlet is = =
ceas eu, such alteration or enlargement is h,
oeSsary' and the damage therefor sban !. i,
assessed IN the same manner as is n-o. ~ ~