Year: 1862

entitled to by reason thereof.


Provided, That no slch application
for a new hearing shall be made to the
county court, unless the petitioners shall,
within twenty days afterthe order of the
seleetmen, referred to in the second sec
ton Of this act, shall have been recorded
in the town clerks Office give notice to
one or more Of such seEetmen of their
intention so to apply for new hearing.


Sec. 4. The commissioners shall give
notice to one or more Of he selectmen 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 i so, at what
point, and in what direction, and for what
distance, and shall allow to the petition
ers such damages as they shall respec-
lively be entitled to by reason of such
diversion of such brook or stream, and
report such decision and allowance 10 the
county court; and onthe report Of the
commissioners, the court shall order the
diversion of such bDok 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 respective damages as shall be
shown by such report to have been sus-
tanned and may tax costs for either
party as shall appear just.


Sec. 5. When application shall be
made to the county court as provided in
the third section of his act, the diver
sion of the course of such brook or
stream shall be stayed until the decis
ion of the county court and such court
may fix the time for diverting such brook
or stream, and for paying any damages
which may be awarded; and if such
damages shall n o be paid within the
time limited, the court may issue exc
cution for the same.


Sec. 6. Whenever, in the opinion of
any board of commissioners, appointed by
the county or supreme court to inquire
into the convenience and necessity Of
any highway, and the manner in which
the same shall have been, or ought TO
be, laid out or altered, as well as the
damages which may have been sustain
ed by parties interested, there is good
reason to believe b at it is necessary
for the purpose of constructing or al
tering such highway, to divert the course
of any brook or stream, such commits
sioners, before they shall finally decide
that such brook or stream ought to be d.
verted for the purposes aforesaid, shall
give notice to all persons whose rights or
property may be affected by such diver
sion of such brook or stream, and also to
one of the selectmen of the town, or each
of the towns in which such highway may
be situated, of the time and place at which
they will hear and determine upon the
necessity of such diversion of such brook
or stream, and the compensation in dam
ages to which the several persons inter
ested are respectively entitled therefor ;
which notice 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 requi-
red to be notified.


The commissioners shall, after such
hearing, decide whether such brook or
stream ought to be diverted, and if so, at
what point, in what direction, and for
what distance, and shall allow TO the par
ties interested such damages as they shall
be respectively entitled to by reason Of
such diversion of such brook or stream
and report such decision and allowance to
the court by which they were appointed;
and such court shall thereupon proceed
10 dispose Of the case in the manner pro-
yided in the fourth section Of this act


Sec. Z. This act shall no. authorize
the diversion of the course of any brook
or stream upon which there are at pres
ent any mills or manufactures propelled
by the water thereof.


Approved Oct. 29, 1852.


No. 19.-An act in addition to chapter