The Republican journal., 1885-04-02

full account of the receipts and disbursements dur
Ing that PERIOD and to whom and for what pur-
pose each item of the same was paid, with state
ment In detail Of the Indebtedness and resources
of the town.
Section 2. Section one hundred and forty-oae
of chapter six of the revised statutes is amended
In line seven by inserting after the word 'marries"
the words the aforesaid notice is not requisite,
but SO that said section, as amended, shall read
follows
Section 1d1. Any collector of taxes, or his ex-
ecutor administrator, may, after due notice,
in his own name for any tax, in action of debt,
and no trial justice or judge of any municipal or
police court before whom such suit is brought, is
incompetent to try tile by reason of his resi-
dence in the town assessing said tax. Where be-
fore suit the person taxed dies or removes to any
other town, parish place in the state, Or, being
an unmarried woman, marrieS, the aforesaid no
tice is not requisite but the plaintiff shall recover
no costs unless payment was demanded before suit.
Section g. Section eight of chapter eighteen of
the revised statutes is amended in lines ten and
eleven by substituting for the words 'and issue ex-
ecution for the damages recovered and with costs
to the party prevailing in the appeal" the words
for tile damages recovered, judgment for costs
In favor of the party entitled thereto. and shall
issue execution for the costs only The same
section is also further amended i'll line sixteen by
inserting after tho word record, tue words and
order the damages therein recovered to be paid ITS
provided in section seven, SO that said section As
amended shall read as follows:
Section 4. Any person aggrieved by the esti-
mate of damages by the county commissioners, on
account of the laying out OF disseminating of
way, may appeal theretron, at any time before the
third day Of tie regular term succeeding that at
which tile commissioners return is made, to the
term of the supreme judicial court first held in the
county where the land is stuat ed, more til m thirty
days after the expiration of the time within which
such appeal may be TAKEN excluding the iiret day of
its session, which court sha Determined the same by
committee of reference if tile parties 80 agree, or
by verdict of its jury, and SHAH render judgment
for the damages recovered, and jud@m Mt for costs
in favor of the party entitled thereto, and shall is
sue execution for the costs only The appellant
shall file notice of his appeal with the county COM
mssioners within the time above limited, and at
the first term of the court shall file complaint
setting forth substantially the facts, upon which
the shall be tried like other cases. Tie
clerk shall certify the final Judgment of the court
to the county commissioners, who shall enter the
same of record, and order the damages therein
recovered to be paid provided IN section seven.
The party prevailing RECEIVERS costs TO be taxed and
allowed by the court, except til It they shall not
he recovered by the party claiming damages, but
by the other party if on such appeal by either par
ty, said claimant fails to recover greater sum as
damages than was allowed to linn by the comnls
sioners
Section A. Section sixteen Of chapter eighteen
of the revised statutes is amend "a iii line live by
substituting for the words " it has been laid out,
the words the return has been fled 50 That
said section, AS amended, shall read rs follows
Section 49, A written return of Their proceed
ings, containing the bounds and atlneasurements
of the way, and tho damages allowed to each per
son for land taken, shall be made and filed with
the town clerk in all Gases The way Is not estab-
lished until it has been accepted in It town meet
ing legally called after the return has been lied,
by warrant co ntliuing an article for the purpose
Section 5. Section eighteen of chapter eighteen
of the revised statutes is amended so as to read as
follows
Section IS. The damages for town way shall
be paid by the town; for a private way, By those
fofwhose benefit it is stated in the petition to be,
wholly or partly by the town, II under an art-
Gle in the warrant to that eff ct it votes at the
meeting accepting such private way or by cities,
if it is proposed iii the return laying out such way.
ANY person aggrieveu by the estimate OF such
damages may have them determined provided
in section eight, by written complaint to the SUI
preme judicial court, returnable at the term there
of next to be held within the county where the
land lies, after sixty days from the date OF the lay
ing out, alteration + discontlnuance of such way
by the town. The complaint shall be served at
least thirty days before said term by delivering in
hand attcstcd copy to the clerk OF the town
where the land lies, ant by posting ttesteu copies
in two public ard conspicuous places within said
town and in the vicinity of the way. But the final
Judgment shall be recorded IN said court. and shall
not be certified to the county commissioners.
Section g. Section twenty two of chapter eigh-
teen of the revised statutes is repeal led.
Section T. Sec ion nineteen OF chapter eighteen
of the revised statutes i. amended in the last line
but one, by substituting for the word land - the
words as is provided in sections forty-nine to
ftyole, inclusive; and also, so that the last SEN
tense of said section, as amended, shall READ as
follows:
wv hen the decision of the commissioners is re-
turned and recorded, such owner or tenant, or
other party interested, has the same right to appeal
to the supreme judicial court is provided in
sections fortyn to 1ftyone, inclusive; and also
to have his damages estimated as provided in Sec
ton eight
Section g. Section forty four of chapter twenty
seven of the revised statutes is amended SO AS to
read as follows:
Section A. All liquors and vessels declared
forfeited by any under this chapter, shall by
order of the court rendering final judgment there
on, be delivered to the mayor and aldermen of any
city, selectmen of any town. and assessors OF any
plantation to which they were forfeited. Said
officers shall examine such liquors, and IL they
determine that any portions are tit to be sold for
medicinal, mechanical manufacturing purposes,
t1nvyu1 hall 1nliu n A