Year: 1862

allowed by them to the several persons in
crested in sneh diversion, and the mole of


notifying them, which order shall be kept
on Tile in lhe town clerks office.


Sec. 5. If any person, whose rights or
property shall be affected by such diversion


of such brook orstream, shall be dissatisfied
with the same, or the amount Of damages


allowed him therefor by the selectmen, he


may make application for new hearing
upon the question of the necessity of such


diversion of such brock or stream, and the


amount OF damages 10 which he is entitled


therefor. by petition in writing to the coun-


ty court IN the some county at their next


term after snch allowance, If there shall be


time for notice; if not at the succeeding
{ term; and any number of persons aagrievs


ed may join in such petition; and the Pc


ti,ion, together with citation for that pur-


pose, shall be served on one or more Of the
selectmen OF such town at least twelve days


before the sitting OF the court /; and the


court shall appoint three disinterested per-


sons to be commissioners to inquire into the
necessity of such diversion of such brook
or stream, aud the amount of damages the


petitioners are entitled TO by reason thereof
Prorided, That no such application for a


new hearing shall be made 10 the county


court, unless the petioners shall, within


twenty days after the order of the select


men, 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 selepimen of their intention
r so to apply for new hearing.


Sec. 4. The commission shall give
notice TO one or more of the selpcimen of


such town. and TO the petitioners Of the time


and place when they will make such inquiry


and hear the parties, and they shall decide


whether such brook or stream ought to be


diverted, and if so. at what point, and in


what direction. and for what distance, and


shall allow 10 the petitioners such damages


as they shall iesaectively BE- entitled to by


reason Of such diversion of such brook or


stream, and report such decision and allow
aoce 10 the county court, and on the re-
port of the commissioners, the court shall
order the diversion Of snch brook or stream,
! in such manner as shall appear just, and
shall render Judgment for the petitioners to
recover against the town such sums for their
{ damages as shall be shown by such report


to have been sustained and may tax costs
for either party as may appear just.
Sec. 3. When application shall be made
{ to the county court as provided in the third
section of this act, the diversion of the
r course of such brook or stream shall be
1 stayed until the decision of the county
: couns aud such court may fix the time Tor
diverting such brook or stream. and for
G paying any damages which may be award
/ ed; and II such damages shall not be paid


within the time limited, the court may is
f sue execution for the same.


t See. 6. Whenever, in the opinion Of any
2 board of commissioners, appointed by the
county or supreme court to inquire into the
fl convenience and necessity of any highway,
/ and the manner in which the same shall
Y have been, or ought TO be, laid out or alter
fl ed, as well as The damages which may have
: been sustained by parties interested, there
. is good reason TO believe that it is necessary


for the purpose Of constructing or altering
e such highway, TO divert the course of any


brook or stream, such commissioners, before


they shall finally decide that such brook OIL
o stream ought TO be diverted for the purpos


es aforesaid, shall give notice to all person.


whose rights or property may be affected
. by such diversion Of such brook or stream


and also TO one of the selectmen of the
a town, or each of the towns in which such
i highway may be situated, of the time and


place at which they wifi hear and determine
= upon the necessity Of such diversion of sucl
J brook or stream. and the CT mpensaion il
q damages TO which the several persons inter
= ested are respectively entitled ther, for
n which notice shall be given at least twelve


days previous to the time of hearing, either


personally, or by writing, left WITH or a
!, the residence OF, the person required to be


notified.


The commissioners shall, after such hear
ing, decide whether such brock or stream
ought TO be diverted, and if so. at wha
!, point, in what direction. and for what dis
!, lance, and shall allow TO The parties inter


ested such damages as they shall be entitled
= to by reason Of such diversion of sucl
n brook or stream; and report such allowance
r. TO the court by which they were appointed


and such court shall thereupon proceed te
II dispose of the case in the manner provided
in the fourth section of this act.


- Sec. z. This act shall not authorize tb,
"a diversion of the course of any brook o.


stream upon which there are at present an,
II mills or manufactures propelled by the wa
; ter thereof.


: Approved Oct 90, 1862.


No. l3.-AN ACT in addition to chapter


twenty-three of the compiled statutes, il
= relation 10 highways and bridges.


: 1T IS hereby enacted, &c.


Sec. !. The selectmcn of the several
: towns in this State are hereby authorized


and empowered to construct suit, BILE water


Ing troughs by the roadside for the accom-
II moiaion of the travelling public, ard suppl,
l. the same with water whenever expedient
L not to exceed one in each highway distric


in said towns, and where the first cost o


erection and supply shall not exceed five
e dollars, and the future cost shall ne exceed
y three dollars annually for each and ever,
,r trough so erected.


i Sec, 2. The said selectmen, or the sew
lie eral highway surveyors, acting under theil
Is authority, may contract for the erection ans
y maintenance Of said troughs, with som,
Of suitable person in each district, who shal
lr receive as compensation, a remission of /,
Ii certain amount of bis or her highway tax
" not exceeding in amount the sum Of fy,
lie dollars as the cost of erection, and Tires