Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1901-05-29

To the Honorable Court of County Commits
sioners for the County of Hancock holden
at Ellsworth within and for the County OF
Hancock on the Second Tuesday of April
A. ID. 1901.
RESPECTFULLY represents Arthur NJ.
IL Nevells, an inhabitant of the town of
Sedgwick in said County of Hancock; that a
town way leading from the highway near the
dwelling house of Frank M. Billings in said
Sedgwick to the house lot and mill yard of
Roland Durgain is unnecessary and not de-
manded by public convenience; but that the
SeIectmen of said town, upon petition of Ro-
land Durgain, then and now an Inhabitant of
said town of Sedgwick having given the no.
tice required by law of their intention, laid
out town way over the described route as
follows to witt
Beginning at the highway near the dwell
ing house OF Frank M. Billings in said Sedg-
wick and in the center of the private way
leading to the dwelling house and saw mill
owned by Roland Durgain; thence by land OF
E. H. Closson on the South and land of
Charles Nevells on the North South 36la' E.,
is rods; thence S. l7' E., IS rods thence S. AT
Il. 10 rods; thence 5. 65le' E., rods up to land
owned by Arthur NJ. Nevells; thence by land
of Arthur M: Nevells S. ga E., 10 rods;
thence S. 71l2' L. rods; thence S. zoe E.. 1S
rods; thence S. So E. 10 rods; thence N. SSl2'
E. rods; thence S. 4Se E., 20 rods; thence S.
2O' E., Ii rods; thence S. "A E., IA rods; thence
thence S. 32la' E., 10 rods up to land owned by
Roland Durgain; thence on land OF said Dur
gain ;. 3lla' E., rods; thence S. So E., 16
rods; thence S. So E., 26 rods up to said DurS
gains house lot and mill yard. This road as
laid out follows the private way as used by
said Durgain and the several courses as run
forms the center line of the town road, and
said road is to be three rods wide. Distance
on land of Closson and Nevells, So rods; dis
lance on land of A. NJ. Nevelis, 40 rods; dis
lance on land of Durgain, 80 rods; total dis
lance, 273 rods.
That among Others said Selectmen awarded
10 damages to Arthur M. Neyells, your Pc
titioner, Tor land taken.
And your petitioner further represents that
thereaiUerwards. to wit; on the 18th day Of
February A. D. 1901 the said Selectmen filed
a written return Of their proceedings in lay
ing out said town way, containing the boun-
daries and their measurements thereof and an
account of the damages allowed or disallowed
to each person for land taken, with the town
clerk OF said town of Sedgwick, and at pub
lie meeting OF the inhabitants of said town,
duly notified and warned by warrant, in
which was inserted an article to see if the
town would accept said way as laid out by
said SelecImen, held on the 4th day of March
A. ID. 1891, said Selectmen reported the laying
out of said way to said town, and their re-
port was accepted and allowed by said inhab-
Itants and caused to be put on record.
That said town way was laid out over and
across certain lot or parcel of land of which
your petitioner was then and now is the owner
in zee simple, for the distance of ~ rods.
That said laying out and acceptance of said
way over and across your petitioners land
Was unreasonable and erroneous; and that
said estimate of damages and award or fail
ure to award damages to your petitioner was
unreasonable and Inadequate; whereby your
petitioner is aggrieVed.
Wherefore your said petitioner, within one
year thereafter, appeals from said decision
and prays to have said way discontinued and
all the action of said Selectmen in said pro-
ceeding annulled and reversed, or thai he
may have his damages estimated as provided
by law.
Dated at Sedgwick this 18th day of May
A. ID. 1901. ARTHUR NJ. NEvELLs.
STATE OF MAINE.
HANCOCK SIS. Court of County Commits
sioners, April Term, A. ID. 1901.
Upon the foregoing petition the commission
ers being satisfied that the petitioners are re.
sponsible, that an inquiry into the merits is ex.
pedient, and that the petitioners ought to be
heard touching the matter set forth in their pc
tition; order that the county commissioners
meet at The house of Roland Durgain in Sedg-
wick, i'm said County, on Wednesday, the
10Th day of June A. ID. 1901, at O'Clock
p. NJ, and thence proceed to view the
route mentioned in said petition, immediately
after which view, a hearing of the parties
and witnesses will be had at some conyenient
place in the vicinity, and such other measures
taken in the premises as the Commissioners shall
Judge proper. A ad 1t is further
Ordered That notice of the time, place and
purpose of the Commissioners meeting afore-
said be given to all persons and corporations
interested, by serving an attested copy of the
petition and this order thereon upon the
clerk of the town of Sedgwick, a like copy
upon Arthur NJ Nevells, the petitioner, and
by posting up attested copies as aforesaid
il three public places in said town thirty
days at least before the time appointed for
said view, and by publishing the petition and
order thereon, three weeks successfully in the
Ellsworth American, newspaper published
at Ellsworth in the County of Hancock, the
first publication to be thirty days at least be-
fore the time of said view, that all persons and
corporations interested may attend and be
heard If they think fit.
Attest JOIN f. KNowLroN, Clerk.
A true copy of the petition and order thereon.
Attest JOHN II. KNowLToN, Clerk.