Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1862-12-19

allowed by them to the several persons in
crested in sneh diversion, and the mole of
notifying them, which order shall be kept
on Tile in lhe town clerks office.
Sec. 5. If any person, whose rights or
property shall be affected by such diversion
of such brook orstream, shall be dissatisfied
with the same, or the amount Of damages
allowed him therefor by the selectmen, he
may make application for new hearing
upon the question of the necessity of such
diversion of such brock or stream, and the
amount OF damages 10 which he is entitled
therefor. by petition in writing to the coun-
ty court IN the some county at their next
term after snch allowance, If there shall be
time for notice; if not at the succeeding
{ term; and any number of persons aagrievs
ed may join in such petition; and the Pc
ti,ion, together with citation for that pur-
pose, shall be served on one or more Of the
selectmen OF such town at least twelve days
before the sitting OF the court /; and the
court shall appoint three disinterested per-
sons to be commissioners to inquire into the
necessity of such diversion of such brook
or stream, aud the amount of damages the
petitioners are entitled TO by reason thereof
Prorided, That no such application for a
new hearing shall be made 10 the county
court, unless the petioners shall, within
twenty days after the order of the select
men, referred to in the second section of
this act. shall have been recorded in the
town clerks office give notice to one or
more of such selepimen of their intention
r so to apply for new hearing.
Sec. 4. The commission shall give
notice TO one or more of the selpcimen of
such town. and TO the petitioners Of the time
and place when they will make such inquiry
and hear the parties, and they shall decide
whether such brook or stream ought to be
diverted, and if so. at what point, and in
what direction. and for what distance, and
shall allow 10 the petitioners such damages
as they shall iesaectively BE- entitled to by
reason Of such diversion of such brook or
stream, and report such decision and allow
aoce 10 the county court, and on the re-
port of the commissioners, the court shall
order the diversion Of snch brook or stream,
! in such manner as shall appear just, and
shall render Judgment for the petitioners to
recover against the town such sums for their
{ damages as shall be shown by such report
to have been sustained and may tax costs
for either party as may appear just.
Sec. 3. When application shall be made
{ to the county court as provided in the third
section of this act, the diversion of the
r course of such brook or stream shall be
1 stayed until the decision of the county
: couns aud such court may fix the time Tor
diverting such brook or stream. and for
G paying any damages which may be award
/ ed; and II such damages shall not be paid
within the time limited, the court may is
f sue execution for the same.
t See. 6. Whenever, in the opinion Of any
2 board of commissioners, appointed by the
county or supreme court to inquire into the
fl convenience and necessity of any highway,
/ and the manner in which the same shall
Y have been, or ought TO be, laid out or alter
fl ed, as well as The damages which may have
: been sustained by parties interested, there
. is good reason TO believe that it is necessary
for the purpose Of constructing or altering
e such highway, TO divert the course of any
brook or stream, such commissioners, before
they shall finally decide that such brook OIL
o stream ought TO be diverted for the purpos
es aforesaid, shall give notice to all person.
whose rights or property may be affected
. by such diversion Of such brook or stream
and also TO one of the selectmen of the
a town, or each of the towns in which such
i highway may be situated, of the time and
place at which they wifi hear and determine
= upon the necessity Of such diversion of sucl
J brook or stream. and the CT mpensaion il
q damages TO which the several persons inter
= ested are respectively entitled ther, for
n which notice shall be given at least twelve
days previous to the time of hearing, either
personally, or by writing, left WITH or a
!, the residence OF, the person required to be
notified.
The commissioners shall, after such hear
ing, decide whether such brock or stream
ought TO be diverted, and if so. at wha
!, point, in what direction. and for what dis
!, lance, and shall allow TO The parties inter
ested such damages as they shall be entitled
= to by reason Of such diversion of sucl
n brook or stream; and report such allowance
r. TO the court by which they were appointed
and such court shall thereupon proceed te
II dispose of the case in the manner provided
in the fourth section of this act.
- Sec. z. This act shall not authorize tb,
"a diversion of the course of any brook o.
stream upon which there are at present an,
II mills or manufactures propelled by the wa
; ter thereof.
: Approved Oct 90, 1862.
No. l3.-AN ACT in addition to chapter
twenty-three of the compiled statutes, il
= relation 10 highways and bridges.
: 1T IS hereby enacted, &c.
Sec. !. The selectmcn of the several
: towns in this State are hereby authorized
and empowered to construct suit, BILE water
Ing troughs by the roadside for the accom-
II moiaion of the travelling public, ard suppl,
l. the same with water whenever expedient
L not to exceed one in each highway distric
in said towns, and where the first cost o
erection and supply shall not exceed five
e dollars, and the future cost shall ne exceed
y three dollars annually for each and ever,
,r trough so erected.
i Sec, 2. The said selectmen, or the sew
lie eral highway surveyors, acting under theil
Is authority, may contract for the erection ans
y maintenance Of said troughs, with som,
Of suitable person in each district, who shal
lr receive as compensation, a remission of /,
Ii certain amount of bis or her highway tax
" not exceeding in amount the sum Of fy,
lie dollars as the cost of erection, and Tires