Year: 1862

wiring 70 tue county e09ft ~ the
same county al their hext term after
such allowance, II there shall be time
for notice II not. at the succeeding
term and any number Of persons ag-
grieved, may join in such petitions
and the petition, together with cita-
lion for that purpose, shall be served
on one or more of the selectmen Of
such town, al least twelve days before
the sitting Of the court and the court
shall appoint three disinieresied per-
sons TO be commissioners to inquire
into the necessity Of such diversion Of
such brook or stream, and the amount
of damages the petitioners are respec-
lively entitled 10 by reason thereof.


Prorided, That no such application
for a new hearing shall be madc 10
the county court, unless the petition
ers shall, within twenty days after the
order Of the selecimen, referred TO in
the second section of this act, shall
have been recorded in the town clerks
Office, give notice to one or more of
such selectmen of their intention so TO
apply for new hearing.


4. The commissioners shall give
notice TO one or more Of the selectmen
Of such town, and TO the petitioners, Of
the time and place when they will
make such inquiry and hear the par
ties, and they shall decide whether
such brook or stream ought TO be di-
verted, and if so, at what point, and in
what direction, and for what distance,
and shall allow TO the petitioners such
damages as they shall respectively be
entitled to by reason of such diversion
of such brook or stream, and report
such decision and allowance to the
county court; and on the report Of the
commissioners, the court shall order
the diversion of such brock or stream,
in such manner as shall appear just,
and shall render judgment to the pc
tiiioners TO recover against the town
such sums for their respective damages
as shall be shown by such report to
have been sustained and may tax
costs for either party as shall appear
just.


5. When application shall be
made to the county court, as provid-
ed in the third section of this act, the
diversion Of the course of such brook
or stream shall be stayed until the de-
cision of the county court; and such
court may fix the time for diyerling
such brook or stream, and for paying
any damages which may be awarded
and if such damages shall not be paid
within the time limited, the court may
issue execution for the same.


D


6. Whenever, in the opinion Of
any board Of commissioners, appoint
ed by the county or supreme court, TO
inquire into the convenience, and ne
cesity OF any highway, and the man
ner in which the same shall have been,
or ought TO be, laid out or altered, as
well as the damages which may have
been sustained by parties interested,
there is good reason 10 believe tbat it
is necessary for the purpose of con-
structing or altering such highway, 10
divert the course Of any brook or
stream, such commissioners, before
they shall finally decide that such brook
or stream ought to be diverted for the
purposes aforesaid, shall give notice
TO all persons whose rights or proper
~ may be affected by such diversion
Of such brook or stream, and also to
one Of the selectmen OF the town. or
each OF the towns in which such high.
way may be situated; Of the time and
place at which they win hear and de
termine upon the necessity Of such di.
version Of such brook or stream, and
the compensation in damages to which
the several persons interested are res.
pectively entitled therefor which no.
iice shall be given at least twelve days
previous to the time Of hearing, either
personally, or by writing, left with, or
at the residence Of, the person requir-
"a 10 be notified.


The commissioners shall, after such
hearing, decide whether such brook or
stream ought to be diverted, and il so,
at what point, and for what distance,
and shall allow to the parties interes-
ted such damages as they shall be
respectively entitled to by reason Of
such diversion Of such brook and re-
port such decision and allowance to
the court by which they we're appoint