The Olneyville times. (Olneyville [Providence, R.I.]) 1887-1917, 1903-07-24
CHATTER iiG.


'pssssf April r. irga.
IL In enacted by the General Assembly an
follows
Section ]. Section - Of Chapter n of the
General Laws II hereby amended 80 an 10
read az follows:
Sec. a. Town councils may mark out,
relay, widen straightsn. or change the
locatios ~ the whole Of or any part 81
any highway or driftwsy. whether laid
out by the state or otherwise. except the
highways on both sides OF the WOona-
squatucket river directed 20 be laid out
by Chapter D2 Of the Public Laws. passed
AZ the January session of the general as
sembly In the year one thousand eight
hundred riHty-one; and thsreupOn like
proceedings shall be had In all respects
- far az the same are applicable.
including appeals. as are provided In this
chapter In case of taking land and asccr-
tanning damages 20 the owners ~ lands
taken In laying out or in case Of abandon
ment Of highways"
Sec. 2. Section 20 of Chapter II Of the
General Laws IL hereby attended 80 as 10
read ss follows
Sec. ~ Mhencver by the Judgment Of
the town council Of ans town "A highway
or driftway I'm said town. or any part Of
either, has cea ssd 10 DO useful 10 the pub
lie. the town council Of said town II au-
thoriz"d 80 10 declare IL by an order or de-
cree which shall be final and conclusive;
which such highway or driftway or part
thereof existed shall revert 20 it's owner
and the town shall be- no longer liable to
repair the same: Provided. however, that
the said town council shall Gauge sign
To b" placed ~ each end Of such highway
or driftwsy, having thereon the words
Not public highway. and after the en-
try ri the said order or decree shall also
cause a notice thereof 70 be published In
newspaper published In the county In
which the said land lies at least once each
week for th.ee successive weeks. and -
further and personal notice shalt be
served upon every owner Of land abuttIny
upon that part of the highway or drift
way which has been abandoned who In
known 10 reside within this state. but
nothing herein contained shall In any
manner affect any private right Of way
over the land 40 adjudRed To be useless
as highway or drftway, II such right
Ind been acquired before the taking Of
such land for a highway or drlftway."
Sec. g. tn" owners ~ land sbutting
upon highway or driftway In any town
shall be entitled. upon the aba andonment
of such highway or driftway, either Who'll
~ or In part, TO receive compensation
from the town for the damages IL any.
sustained by them by reason of such
Abandonment: and the town council
whenever II abandons the whole or any
part OF public highway or driftway
shall at IN" same time appraisc and
award such damages
Sec. 4 Every town council before pro-
ceedinR To aba ndon any highway or drift
way or any part thereof. shall give notice
To the owners Of the lands abuttIng upOa
any part of such highway or driftway
within IN" town 10 appear. II they see ht
and be heard for or against such aban-
1onmcnt. and AZ TO the damage IL anv
which they win sustain thereby. Such
nf ball
once weer for three successive weeks
next prior TO the meeting Of the town
council At which such abandonment ls to
he FIRST considered In some daily or week
ly newspaper printed In English and pub
lished In the town. or. II there be no such
newspaper published In the town then
In some such daily or weekly newspaper
published In the nearest town In which
such newspaper In published: and fur
ther and personal notice shall be served
upon every person known 10 reside within
this state who tx an owner OF land abut-
ting upon that part OF such highway or
driftway which II Is proposed To abandon
Sec. :. Any person aggrievcd by tho or
der or deccc OF n town council awarding
damages on the abandoning OF highway
or driftway, or any part thereof may
within ono year after the making of such
award apply by petition to the common
pleas division OF the supreme court In the
county III WnlCn the Nnd Hes. setting
forth the action ~ the said town council
and praying for IN assessment OF hIs
damages against the said town by n fury
Tpon the ning ~ the said petition. the
snid court shall cause twenty days notice
81 the pendencv thereof 20 be given To the
town treasurer of said town by serving
him with ~ certified copy thereof and
may proceed after such notice 10 the trial
thereof and such trial shall determine all
questions of fact relating 10 the damages
sustained by the petitioner. and the
amount thereof and Judgment shall be
entered upon IN" verdict of such jury. and
th"rcupon the said petitioner shall bc on
titled to all the remedies conferred I'm and
by sections ~ and II OF Chapter S6 of the
General Laws.
Soc 6. Chapter @6 ~ the Public Laws
passed May :3d, 1899. and all acts and
parts Of acts inconsistent herewith are
hereby repealed and this act shall tako
effect imm ediatcly.