Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1901-05-22

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.
ESPECTFULLY represents Arthur M.
II, Nevells, an inhabitant of the town of
Sedgwick in said County of Hancock; that
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
Selectmen 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 wit:
Beginning at the highway near the dwell
ing house Of Frank NJ. 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.,
L. is rods; thence S. 6s1s' E., 2 rods up to land
owned by Arthur NJ. Nevells; thence by land
of Arthur M: Nevells S. Ga E., 10 rods;
rods; thence S. So E. 10 rods; thence N. ssla'
E. rods thence S. 4se E., 20 rods; thence S.
20' F., - rods; thence S. a E., "A rods; thence
S. CO. E. 20 rods; thence S. 73l2' E., SO rods;
thence S. S2la' E., 10 rods up to land owned by
Roland Durgain; thence on land of said Dur
gain ). 3ll2' 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 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, 10 rods; dis
lance on land OF Durgaln, 5o rods; total dis
That among others, said selectmen awarded
no damages to Arthur Nj. NeVeIlS, your pc
titioDer, Tor land taken.
And your petitioner further represents that
thereaiterwards, 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 anu their measurements thereof and an
account of the damages allowed OF disallowed
to each person for land taken, with the town
clerk OF said town of Sedgwick, and at a 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 Selectmen, held on the 4th day of March
A. d. 1901, said selectmen reported the laying
ont of said way to said town. and their re-
port was accepted and allowed by said inhab-
ltants 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 lee simple, for the distance of 10 rods.
That said laying ont and acceptance of said
way over ana across your petitioners land
was unreasonable and erroneous; and thai
said estimate OF damages and award or fail
ure to award damages to your petitioner was
unreasonable aud inadequate; whereby your
petitioner is aggrIeYed.
Wherefore your sud 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 that he
may have his damages estimated as provided
by law
Dated at Sedgwick this 18th day of May
A. ID. 1901. ARTHUR M. NEvELLs.
STATE OF MAINE.
HANCOCK ss.:-C6nrt of County Commits.
sioners, April Term, A. d. 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
meet at the house of Roland Dnrgain in Seeg-
wick, in said County, on Wednesday, the
18th day of June A. ID. 1901, at O'Clock
P. NJ, and thence proceed to view the
after which view. a hearing of the parties
and witnesses will be had at some CONVENIENT
place in the vicinity, and such other measures
taken in the premises as the Commissioners shall
judge proper. And ii 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, like copy
upon Arthur Nj. Nevells, the petitioner, and
by posting up attested copies as aforesaid
in 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
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:-JoHN f. KNowLroN, Clerk.
A true copy of the petition and order thereon.
Attest John f. KNowLToN, Clerk.