Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1884-12-19

No. 13-An act in addition to chapter one
hundred and forty of the Revised Laws,
relating to public highways.
1t is hereby enacted. etc:
SEC. l. The selectmen of any town in this
state are hereby authorized to lay out estab-
iSh, construct or cause to be constructed and
maintained drains, bitches, or water courses
leading from any public highway in such
town, across the lands OF any person to any
existing water course, for the purpose of
carrying away the surface water from such
public highway, or other drainage necessary
for public health, in all cases where they shall
adjudge that the public good or the necessity
or convenience of individuals require such
drains, bitches or water courses.
SEC. 9. Before such drains, bitches or
water courses shall be laid out and establish
ed, such seleCtmen shall give notice to such
land owners and all persons interested in such
lands of time and place when and where
such Selectmen will hear them upon the queS-
ton of laying out and establishing such drains.
bitches or water courses, and also upon the
question of damages to such land owners.
SEC. 3. If, upon such hearing. such select
men shall order the laying out and establish
ment of any such drain, ditch or water course,
they shall determine the amount of damage
to such land owners, and award the same to
them, and shall cause their said order and
awards or refusal to award damages together
with a survey and description of such drain,
ditch or water course, to be recorded in the
town clerks office in the town where such
highway and drain, ditch, or water course are
situate, within ten days thereafter
SEC. 4. In awarding damages to such land
owners account shall be taken of the special
benefit aCcruing to them, if any, by reason
of the establishment and maintenance OF
such drains, bitches or water courses and it
shall be the duty of such town to construct
them and maintain them in good and sufficient
repair until they shall, upon due notice and
hearing he discontinued by the selectmen OF
such town.
SEC. 5. Within sixty days after such record
OF such order laying out and establishing such
drains, bitches or water courses, and OF such
awards or refusal to award damages, any such
land owner who shall be dissatisfied with the
laying out such drains, bitches or water
courses, as well with the amount of damages
awarded, or with the refusal to award
damages, may apply by petition in writing to
the county court at the then next ensuing
term, if there is time for notice, and
if not, at the succeeding term, for re-
view of the action of such selectmen, and any
number of such different land owners may join
in such petition, and such proceedings shall
thereafter be had, and such petitioners and
liabilities as are provided by sections 2941 to
2943, inclusive, of the Revised Laws of this
State.
SEC. 6. If such land owner shall be dis
satisfied only with the amount of damages
awarded or the refusal to award damage, he
may within sixty days after such record in
such town clerks office, by petitionin writing
apply to a justice in some other town in the
same county for the appointment of commits
sioners to reappraise such damages, and any
number of such different land owners may join
in such petition. And, upon the filing of such
petition, such proceedings shall be had, and
such petitioners and town shall have the same
rights and be subject to the same liabilities
as are provided by sections 1884 to 1899 of the
Revised Laws of this State. But such last
named petition shall not delay the cOnstruc-
ton of such drains, bitches or water courses
SEC. 7. This act shall take effect from its
passage.
Annr0vnd Nov. % 1891