Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1858-12-09

and cannot do so at reasonable price, make
application in writing to the selectmen OF the
town in which said burial ground is located, lin
writng,l who shall sign said writing, aud be
held responsible for the final result, whether it
shall be In damage for land, or land and cost, or
either, and said selectmen, after application so
made, shall Immediately examine sud ground,
and, if In their opinion, IN addition is neces-
gary for the convenience of said burial ground,
they shall cause the same to be surveyed, and
they shall proceed to ascertain what damages
shall be sustained by the owner or owners of
the land included in said survey; but before
they determine upon the amount of damage
which any enc may sustain, they shall cause
him to be notified of the time and place of
hearing, either personally or by leaving writ
ten ngtice at the residence Of such owner OF the
land, and when they shall have completed their
inquiries they shall make their report, stating
particularly all their proceedings aid their de.
cison, with their survey and appraisal of dam.
ages, if any and shall file the same in the Town
Clerks efico, in the town where said land is
situated, and shall cause the same to be there
recorded.
See. 2 Before these interested (orthose acting
under. them) shall enter on such lands, it shall
be the duty of such persons to pay or tender to
such owner or owners. the amount OF such dam
age 80 appraised by said secctmen.
Sec, 3D. If any person shall be dissatisfied with
the amount of damage awarded to him Tor land
SO taken, he may make application, by petition
in writing, to the County Court in the same
county, at their next stated term, ii there
should be time for notice, if not, at the next
succeeding terra, and any number Of persons az.
grieved may join in the petition, and the petit.
ton, together with a citation for that purpose,
shall beseryed on one or more of the applicants,
at least twelve days before the sitting of tho
court, and the court shall appoint three disin-
terested commissioners to inquire into the con
venience and necessity of such additional land,
as well as the matter of damages which may
have been sustained by the persons interested
therein.
Sec 4. The commissioners shall give notice to
one or more Of the applicants for said land Of
the time and place when and where they will
make such inquiry and hear the parties and
on the report of such commissioners, the court
may establish or set aside the survey of such
additional lands as shall appear just and may
render Judgment for the petitioners to recover
against sand applicants such sum as his or their
damages as shall appear and be shown by such
report to have been sustained, and the court
may tax costs for either party, as shall appear
to be just and equitable.
Soc. 5. Whenever application shall be made
to the County Court, as provided in tho two
preceding sections, the opening of the land sur
veyed and laid out for the above named purpose
shall be stayed until the decision Of the County
Court in the premises, and such court may fix
the time for opening and occupying the same
and the payment of damages, and if such dam.
ages are not paid within the time limited, thu
court may award execution for the same.
Sec. g. Nothing in this act contained shall
be construed to authorize the acquiring of any
land for the purpose of the enlargement or es
tablishmant of any burial ground 80 as to bring
the same nearer than twenty rods to any dwell
ing-house.
Sec I. This act shall take effect from its pas
sage.
Approved, Nov. %, 1858.