The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-12-13

u I
three voters of the district may apply in writing
to an assistant judge of the county court to de,
termine the location Of such sch00l-house and
such Judge shall give notice of a hearing. hear
determine the matter, and make return OF his
proceedings, and such proceedings shall be re-
corded, as provided in case of the location OF
school-house by selectmen; and the assistant
Judge shall for his services be paid by the dis
trict three dollars a day and his expenses.
SFc. 30. Whena school-house is located and
lands for such schOol-hOuss and yards are
needed, or when district votes 10 purchase adj
ditioual land for school purposes, if the owner
of such lands refuses to convey the same to the
district for a reasonable price. the seleotmen OF
the town or towns in which the district IS stu
ated, on the application of the prudential com
mittee, shall locate and set out the necessary
lands and cause the same to be surveyed ana
shall appoint time and place for hearing
and give notice thereof to persons interested IN
the land TO be takeu, either personally or by
written notice left at the residence OF the owner
or occupant of such land and at such hearing
shall ascertain the damages sustained by such
interested persons and the damages assessed
shall be paid or rendered to such persons before
taking possession of the land.
SEC. 260. When the seleetmen decide to take
land they shall, in their order for that purpose
fix time and notify the owner or occupant
thereof, within which he will be required to
remove his buildings, fences, timber, wood,
trees and wall, which, in case of inelosed or i'm,
proved land, shall not without the consent OF
the owner, be less than three months, nor until
the compensation for damages to such land Is
rendered or paid and if they are not removed
within that time, the selectmen shall remove
them ut the expense of said district; but the
district shall not take possession OF such land
until the damages agreed upon as determined
by the selectmen shall have been paid or ten
dered to the persons entitled thereto.
SEC 26I All orders and proceedings VI the
selectmen under the provisions OF the two pre-
ceding sections, with the survey of the land
taken, shall be recorded in the town clerk s
office of the town in which the land lies.
SEC. 262. If the owner of such land does not
accept the damages awarded by the selectmen,
the prudential committee of the district may
agree with him to refer the question of damages
to one or :more disinterested persons, whose
award shall be made in writing, and shall be
final,
SEC 263 If person interested in such land
is dissatisfied with such location or with the
damages awarded by the seleetmen, he may APP
ply by petition to the county court at Its next
stated term il there is sufficient time for notice
and if not. to the succeeding term and any
number of persons aggreved may JON IN the
petition. The petition, with citation, shall be
served on one of the prudential committee OF
the school district at least twelve days before
the session of the court, and the court shall
appoint three dsinterested commissioners who
shall determine the amount of the damages sus-
tanned by the persons interested therein.
SEC. 264. The commissioners shall give SIX
days notice to one of the prudential committee
of the school district of the time and place OF
making such inquiry and hearing the parties
and on the report of the commissioners the court
shall render Judgment for the petitioner to re-
cover against the school district such damages as
appear to be just, and may tax costs as seems
Just for either party, and award execution in the
premises.
SEC. 265. If lands so required by a school
district are encountered by mortgage, the school
district shall cause the same notice to be giver
to the mortgage, or the assignee OF the mort
gage, required to be given to the owner; and
| the damage agreed upon or otherwise deter
mined. as specified in this chapter, shall be paid
to the mortgage or his assignee; but if the
sum due on the mortgage is less than the dam
| age the amount due on the mortgage shall b,
paid to the holder, and the balance to the owner
SEC. 266. When the damages finally awarded
| for lands so taken by school district are paic
to the persons entitled thereto, valid title Il
such lands shall vest in the district for the lpur
poses aforesaid.
SEC. POI. A school district may, by a two
| thirds vote, il such vote represents majority o
the grand list of the district, sell its school
house and the land connected Herewith ant
| the names of those voting for the sale shall b.
taken and recorded.
CHAPTER II.
Alterations in School Districts.
SEC. 26s. A town may, by vote in annua
town meeting, divide, unite, or otherwise alter
its school districts. But no alterations shall b
made except such as are plainly set forth IN tn
warning for said meeting
| SEC. 300. When the selectmen OF town re
| ceive a report from the supervisor OF schools
recommending alterations in the school district
of such town, they shall insert in the warning
| for the next annual meeting such articles as vii
enable the town to act upon such recommend
| atiOns.
SEC go Three voters in fractional distric
residing in the same town, or one voter il 81
many as three do not reside in that town, ma!
apply in writing to the selectmen of each of tn
towns from which said district is formed, to in
sert articles in the warnings for the next annua
town meetings to have such district dissolved
and the selectmen of each of said towns shall
insert such articles in said warnings. AT sucl
meetings each town shall vote upon the question
whether said district shall be dissolved, and tn
district shall be dissolved, If each town votes
SEC. oil If the votes of the towns are no
concurrent three voters, or one in the case aboy
provided, may apply to a judge of the count,
court Of liU county in which tho school hons
| is located, who shall appoint three justices o
the same county, not inhabitants OF either tow
in interest. to decide in the matter Such jus
tees shall, If it seems to them expedient, orde
file certificate thereof in the office of the tow
clerk of each town Interested to be recorded
and shall order a distribution of the propert
belonging to such district to the inhabitant
thereof residing in the several towns, and ma
order the payment of such damages by or to tn
inhabitants of either town, as are Just.
SEC. 272. The inhabitants of each town, al
ter a separation, may organize themselves into
school district, and may receive, recover an
take care of such damages as are awarde
them.
SEC. 273. When school district is divide
into two or more districts, by vote of the tow
or towns in which it is located, and said dis
tricts cannot agree upon division of their col
porate property, the clerk OF the district so d
vded SHALL or in his absence, or inability, or re
fusal to act. tax payer in either portion OF sal
district may apply to the assistant judges of tn
county court of the county in which the schoo
house is situated
SEC. pa. The judges shall, upon such appl
cation post upon the school-house in the orig
inal district and in one other public place
each of the said new districts, at least twent
days prior to the time set for hearing, Stain
the time when and place where they will ca
anime the property and hear the parties intel
ested, and upon such hearing, shall make jus
division of the property and assets OF such orig
inal district, including taxes voted but not co
lected, between said new districts,
SEC. 275. When the property OF such distriC
is such that it cannot be divided between tn
new districts, said Judges may sell the same, an
execute therefor deeds and writings necessar
for a proper transfer thereof, and such deed
and writings, when recorded in the town clerk
office of the town where such property is str
ated shall pass the title thereof to the purchaser
and the judges shall make Just division of I'll
proceeds of such sale between the new districts
SIC 276. When part of the property Of tn
original district consists of a schOol-hOuse O
other buildings, or buildings and lands, whie
can be used beneficially by one of the ne'
districts, said judges may set the same to tn
new district in which the buildings or land ar
situated, and may assess upon the district
which such lands and buildings are set such SUI
therefor as appears Just, and may order tn
same to be paid to such other new district O
districts, in such time and manner rs they direc
SEC 277. If the district 50 assessed shall, fo
six months, neglect to pay to the district ent
tied 10 the same the sum so assessed and OF
dered to be paid, the district to which said SUI
is.awarde1 may recover the same, in an actiO
on the case, founded on this statute.
SEC 27S. If either of said judges resides Q
owns real estate in such divided district he sha
not act, and the other Of said judges shall hay
the powers and perform the duties provided fo
both of said Judges.
SEC. 279 When said judges have complete
such division, they shall make return of the
doings to the town clerk Of the town or towns ]
which the original district is located stating I'll
property divided, the manner Of the division an
the names OF the persons to whom sold an
when the same consists of real estate. II shall
described by metes and bounds and the retur
shall be recorded in said town clerk $ Office.
SEC. $50. The charges of the judges in NAL
! ing such division shall be borne by such ne
districts in such proportions as the Judges dete