Year: 1862

are respectively entitled to, and shall


cause to be recorded in the town clerks


Office of such town an order directing the


diversion of such brook or stream, spec


flying particularly the point at which


such diversion shall be made, and the


direction and distance thereof; and shall


also in such order state the damages al


lowed by them to the several persons in


tcrested in such diversion, and the mode


of notifying them, which order shall be


kept on file in the town clerk Office ,


Sec. 3. If any person, whose rights


or property shall be affected by such d.


version of such brook or stream, shall be


dissatisfied with the same, or with the


amount of damages allowed him therefor


by the selcctmen. he may make applica-


tion for new hearing upon the question


Of the necessity of such diversion of such
; brook or stream, and the amount Of dam
ages to which he is entitled therefor, by


petition in writing to the county court in
the same county at their next term after
such allowance, if there shall be time for


notice if not at the succeeding term ;
and any number of persons aggrievcd may
join in such petition and the, petition,
together with citation for that purpose,
shall be served on one or more of the Sc
lectmen of such town at least twelve days


before the sitting. of the court; and the
court shall appoint three disinterested


persons to be commissioners to inquire


into the, necessity of such diversion of
such brook or stream. and the amount of


damages the petitioners are respectively


entitled to by reason thereof.


| Providcd, That no such application for
a new hearing shall be made to the coun-
ty court, unless the petitioners shall with


in twenty days after the. order Of the Sc


lectmen 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 intep-
tion so to apply for a new hearing.
,, Sec. 4. The commissioners shall give
=. notice to one or more of the sclectmen 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 to the petition
9 ers such damages as they shaR respective
ly be, entitled to by reason of such diver


sion Of such brook or stream, and report


such decision and allowance to the coun.
= ty court rand on the report Of the com


missioners, the court shall order the di


version of such brook or stream, in such
manner as shall appear just, and shall


render judgement for the petitioners tt
recover against the town such SUMS fol
3 their respective damages as shall be showi


by such report to have been sustained
!, and may tax costs for either party a


shall appear just. 's'' t'N' ~


e SEC. 5, When application shall b
made to the county court as provided ii
the third section Of this act, the diversion
q Of the course Of such brook or stream shall
9 be stayed until the decision Of the county
d court; and such court may fix the tim


for diverting such brook or stream, ant


for paying any damages which may b


awarded; and if such damages shall no
D be paid within the time limited, the cour
IS may issue execution for the same. ''
g SEQ. 6. Whenever, 10 the opinion 0


any board Of commissioners, appointed b.


the county or supreme court to inquir
If into the convenience and necessity Of an.
G. highway, and the manner ID which til
3, same shall have been, or ought to be
h laid out or altered. as we'll as the dam
,r ages which may have been sustained b.
10 parties interested, there is good reason I
y believe that tits necessary for the 'put
h pose Of constructing or altering sue
1t highway, to divert the course ofany trool
y or stream. such commissioners, befor
Dc they shall finally decide that such broo
# or stream ought to be diverted for tn
IN purpose aforesaid, shall give notice to d
O. persons whose rights or property may b