The Providence news. (Providence [R.I.]) 1891-1906, 1903-07-28
CHAPTER liS.

CHAfIEH llUb.
AN ACT In Amendment OF and In Add
ton 10 Chapter II Of the General Laws.
II Is enacted by the General Assembly as
follows:
Section I. Section 2s OF Chapter n OF the
General Laws is hereby amended 80 as TO
read follows:
Sec. 2s. Town councils may mark out,
relay. widen. straighten, or change the To-
cation OF the whole OF or any part of any
highway or driftway, whether laid out BY
the state or otherwise, except the high
ways on both sides Of the Woonasdua-
tuckct river directed to BE- laid out by
Chapter sS2 OF the Public Laws. passed
at the January session OF the general as
sembly in the year one thousand eight
hundred sixty one; and thereupon like
proceedings shall be had in all respects.
so far as the same are applicable. inclu6-
Ing appeals, as are provided in this chap
ter In case OF taking land and ascertain
ing damages TO the owners OF lands taken
In laying out or in case OF abandonment
OF highways"
Sec. 2. Section 80 OF Chapter Il OF the
General Laws is hereby amended so as 10
read as follows
Sec -. Whenever. by the Judgment OF
the town council OF any town a highway
ar driftway In said town. or any part OF
either, has ceased 10 be useful 10 the
public. the town council OF said town is
authorized so 20 declare II by an order or
decree which shall he final and conclusive,
and thereupon the title OF the land upon
which such highway or driftway or part
thereof existed shall revert to its owner.
and the town shall be no longer liable
10 repair the same: Provided, however.
that the said town council shall cause a
sign To be placed At each end OF such
highway or driftway. having thereon the
words, Not public highway. and after
the entry OF the said order or deer shall
also cause notice thereaf TO be published
In newspaper published In the county in
which the said land Hes at least once each
week for three successive weeks and a
further and personal notice shall be
served upon every owner Of land abut-
ting upon that part OF the highway or
drlftway which has been abandoned who
is known TO reside within this state: but
nothing herein contained shall in any
manner affect any private right of way
over the land 80 adiudsed TO be useless as
highway or driftway, II such right had
been acquired before the taking OF such
land for highway or driftway"
Sec. g. The owners OF land abuttinC
upon a highway or drftway in any town
shall be entitled. upon the abandonment
or such highway or driftway, either
wholly or In part. to receive compensation
from the town for the damages. II any,
sustained BY them by reason Of such
abandonment: and the town council,
whenever II anandons the whole or any
part Of a public highway or driftway,
shall at the same time appraise and
award such damages
Sec. 4. Every town council, before pro-
ceedng TO abandon any highway or drift
way or any part thereof. shall give
notice 10 the owners Of the lands abut-
ting upon any such highway or driftwsy
within the town TO appear. II they see
fit and he heard for or against such
49,.
n any. which they will susta n thereby.
Such notice shall be given by advertise
ment once a week or three successive
weeks next prior 10 the meeting 81 ,ths
town council AZ which such abandon
ment is 10 be hrst considered. I'm some
daily or weekly newspaper printed IN
English and publ shed I'm the town: or
n there he no such newspaper published
In the town. then in some such daily or
weekly newspaper published In the near
est town In which such newspaper is
published: and a further AMI personal
notice shall he served upon every per
son known TO reside within this state
who is an owner OF land abuttng upon
that part Of such highway or driftway
which ~ II proposed To abandon.
Sec 3 Any person aggrieved by tn.
order or decree of town council award
ing damages on tho abandoning of a
highway or driftway. or any part there
ing of such award apply bv petition ~
the common pleas div sion ~ the SUI
preme court in the county In which the
land les. setting forth the action ~ the
sai3 town council md rrayine for an as
ssssment Of his damages against tNe
said town by q jury. Jpon the hnne
of the said petition. the said court shall
cause twenty davs' notce ~ the perder-
oy thereof 10 he given 10 the town treas
urer ~ said town nv serving him With
= certified copy thereof. and may pro-
cssi after such notice 10 the trial there
or and such trial shall determine all
questions ~ fact relating 20 the dam
sges sustained by the petitioner. ard the
amount thereof. and judgment shall he
entered upon the verii,t of such Jury
and thereupon the said petitioner shall
bs- -nniitled- -tn-all- the-reme dies conferred
I'm and by sections ~ and IA Of Cha ptsr
@ OF the General Laws.
Sec G. Chapter 6es OF the Public Laws
passed Nav 23d. 1909. and all acts and
parts of acts Inconsistent herewith nre
hereby repe.ie and this act shall tske
efre-t Immediately
certify me fsrero-e - be tru,
coriss-A;t.sf:
CHARLES ? BENNETT