лили assesmal & affacent over 67. 1869 to become par R. S. 24, § 49. SECT. 54. Upon such application of a party thus interested, the com- Notice to permissioners shall order the petitioner to give notice thereof to all the sons interested' other parties interested, by serving each of them, fourteen days at least ties. before their next regular meeting, with an attested copy of such petition and the order thereon, that the other parties may if they see cause appear at the next meeting and become parties to the proceedings under the petition; and at the next meeting a jury shall be ordered as before provided in this chapter, who shall, under the direction of the person presiding at the trial, proceed to hear all the persons who have become parties to the proceedings. ages. SECT. 55. If on such hearing the jury find any of the parties entitled Verdict to ap to damages, they shall assess the same in the following manner, to wit: portion damthey shall first find and set forth in their verdict the total amount of the K. S. 24, § 50. damages sustained by the owners of such land and buildings, estimating the same as an entire estate and as if the same were the sole property of one owner in fee simple; and they shall then apportion the total amount of damages among the several parties whom they find to be entitled, in proportion to their several interests and claims and to the damages sustained by them respectively, and set forth such apportionment in their verdict; and if they find any one or more of said parties not to have sustained damage, they shall set forth in their verdict that they award no damages to such party. SECT. 56. The verdict, if accepted, shall be conclusive upon all parties interested who shall either have had notice as aforesaid, or by consent have become parties to the proceedings. conclusive on ties, how taxed. SECT. 57. Each party recovering damages shall recover his several Costs of parcosts; and each party not recovering damages shall be liable for costs Rs. 24, $52. to the town or other corporation of which he shall have claimed damages, in like manner as if the proceedings were had under his several petition; but if a party shall fourteen days before the trial give notice in writing to the town or other corporation that may be liable for damages, that he relinquishes all claim for damages, and shall also before the trial file in the case a relinquishment of such claim, he shall not be liable for costs in the case. ing to appear, SECT. 58. If a person, having notice as aforesaid, neglects to appear Party neglectand become a party to the proceedings in court, he shall be forever to barred. barred from making an application for damages. TOWN WAYS AND PRIVATE WAYS. ch 169. 1869 how laid out. SECT. 59. The selectmen of the several towns may lay out or alter Town ways,&c., town ways for the use of their respective towns, and private ways for R. S. 24, § 66. the use of one or more of the inhabitants thereof; or may order specific repairs to be made upon such ways. SECT. 60. A town, at a meeting regularly called for the purpose, may discontinue any town or private way. SECT. 61. No town way or private way shall be laid out or altered unless, seven days at least previously thereto, a written notice of the intention of the selectmen of the town to lay out or alter the same is left by them, or by their order, at the usual place of abode of the owners of the land over which such way is proposed to be laid out or altered, or unless such notice is delivered to such owner in person or to his tenant or authorized agent. If the owner has no such place of abode in the town, and no tenant or authorized agent therein known to the selectmen, or if, being a resident in the town, he is not known as such to the selectmen, such notice shall be posted up in some public place in the town seven days at least before the laying out of such way. 1842, 86. 7 Cush. 394. how discon tinued. Notice to be R. S. 24, § 67. SECT. 62. If damage is sustained by any person in his property by Damages from the laying out, alteration, or discontinuance, of a town or private way, laying out, &c., may take land for gravel d. 237. 1864 нау and paid. how determined or by specific repairs which may be ordered thereon, he shall receive such compensation as the selectmen shall determine, to be assessed and awarded in the manner provided for the assessment and award of damages by county commissioners in laying out highways; which damages shall be paid by the town if it is a town way, but if a private way, then allch 5-30 by the person for whose use it is so laid out or altered, or for whose R. S. 24, § 68. 1842, 86. 10 Met. 465. 5 Gray, 31. Damages, when paid. Indemnity. 1842, 86. 1847, 259, § 4. 12 Met. 123. if interests are separate. 1851, 290. 1855, 10. Location, &c., to be filed, &c., before laying out. R. S. 24, § 69. 2 Mass. 529. 2 Greenl. 60. 3 Greenl. 438. 9 Met. 423. Commissioners certain cases. 1837, 164. benefit specific repairs are ordered, or on whose application it is discontinued, unless the selectmen deem it reasonable that part of the damage shall be paid by the town and the residue by said persons, in which case they shall make an order specifying the sums to be paid by each. SECT. 63. The damages so awarded shall not be paid until the land is entered upon and possession taken for the purpose of constructing such way or alteration, or until the specific repairs which have been ordered are commenced. And if possession is not taken, or if the specific repairs are not made, the party, instead of the damages awarded to him, shall be entitled to indemnity to be assessed by the selectmen in the same manner that indemnity is awarded by county commissioners in like cases. SECT. 64. If there are separate or different interests in lands or buildings which are so taken or injured, of the character and descrip tion mentioned in sections seventeen and eighteen, the damages shall be assessed by the selectmen in the mode therein provided for an assessment by the commissioners. SECT. 65. Except as is hereinafter provided, no town way or private way laid out or altered by the selectmen, shall be established until such laying out or alteration, with the boundaries and admeasurements of the way, is reported to the town, and accepted and allowed at some public meeting of the inhabitants regularly warned- and notified therefor, nor unless such laying out or alteration, with the boundaries and admeasurements, is filed in the office of the town clerk seven days at least before such meeting. SECT. 66. When the location or alteration of a private way is desired may lay out in in a town for the use of one or more persons, not being inhabitants thereof, or when the location or alteration of a private way lying partly in one town and partly in another is desired, the county commissioners may cause such way to be located or altered, proceeding therein as is provided where the selectmen refuse to lay out a private way. If selectmen unreasonably refuse, &c., R. S. 24, § 71. 6 Mass. 8. 3 Met. 312. 9 Met. 423. 12 Met. 208. 7 Cush. 395. 11 Cush. 189. SECT. 67. If the selectmen of a town unreasonably refuse or neglect to lay out or alter a town way or private way, when requested in writparty may ap ing by one or more of the inhabitants thereof, the commissioners, on the peal to commissioners. petition in writing of a person aggrieved presented at any regular meeting within one year, may cause such way to be laid out or altered, ascertain the place and course of the way, and estimate the damages sustained by any person by reason thereof. Such damages with all costs of the proceedings shall be paid by the town, if it is a town way. If it is a private way, the damages and costs, or such part thereof as the commissioners judge reasonable, shall be paid by the persons for whose use it is laid out or altered, and the residue, if any, by the town. Appeal if towns SECT. 68. If a town unreasonably refuses or delays to approve refuse to accept allow a town way or private way laid out or altered by the selectmen, and to put the same on record, any person aggrieved thereby may within one year thereafter apply by petition in writing to the commissioners; and the commissioners, unless sufficient cause is shown against such application, may approve and allow of the way as laid out or altered by the selectmen, and direct the laying out or alteration and acceptance to be recorded by the clerk of such town, which shall have the like effect as if accepted by the town and recorded. ways. R. S. 24, § 72. 8 Greení. 271. 2 Mass. 118. 3 Mass. 188. 9 Met. 423. If ways laid out, &c., by and SECT. 69. If a town in which a town way or private way is laid out, commissioners altered, or approved, in pursuance of the three preceding sections, shall six months, assess town. not make and complete the same in the manner prescribed by the com- are not commissioners, and to their acceptance, within six months from the time pleted within when the same is laid out or approved, or within the time directed by &c., they may the commissioners, they shall, as soon as may be thereafter, cause such complete, and way to be completed, and at the next meeting shall direct the expenses 1846, 222, §§ 1, 2. and charges of completing the same to be paid out of the county treasury, and order notice thereof to be given to the delinquent town, stating the amount of such expenses and charges. If the town does not before the next regular meeting of the commissioners pay the same, with interest thereon at the rate of ten per cent. from the time when the same was paid by the county treasurer, they [shall] cause the same with all further costs to be collected in the manner prescribed in section fifty. ŠECT. 70. Upon the application in writing of any person aggrieved If towns refuse by the refusal of a town to discontinue a town way or private way, the to discontinue. commissioners may order such way to be discontinued. &c. 2 Pick. 44. for costs. Notice. R. S. 24, § 73. SECT. 71. When a town way has been laid out or altered by the When towns commissioners, it shall not within two years thereafter be discontinued cannot lay out, or altered by the town; and when such way has been discontinued by R. S. 24, § 74. the commissioners, the town shall not within two years thereafter lay out the same again. SECT. 72. When an application is made to the commissioners in Recognizance consequence of the refusal or neglect of selectmen to lay out or alter a private or town way, or in consequence of the refusal or neglect of the R. S. 24, § 75. town to accept and allow such way when laid out or altered by the 11 Cush. 189. selectmen, or when such application is made for the discontinuance of a private or town way, the commissioners shall cause a like recognizance to be given to the county as is directed in this chapter with regard to applications for highways; and like proceedings may be had on such recognizance. They shall also cause notice to be given, before they proceed to view, or to hear the parties, as in the case of highways. 9 Met. 423. committee ages. 76. 3 Met. 312. 10 Met. 465. 9 Cush. 245. SECT. 73. A person aggrieved by the laying out, or by the alteration Parties may or discontinuance, of a town or private way, or by an order for specific have jury to repairs, or by the assessment of his damages, or compensation by way ascertain damof indemnity, may have the matter of his complaint determined by a Rule as to costs. jury, which may be applied for at any time within one year after such R. S. 24, §§ 68, laying out, alteration, order for repairs, discontinuance, or assessment of 1842, 86. indemnity; or if a suit is instituted within one year wherein the legal 1849, 200 effect of the proceedings is drawn in question, such application for damages or indemnity may be made at any time within one year after the final determination of such suit. Upon such application, an order for a jury shall be made by the commissioners, (or by agreement of the parties the matter may be determined by a committee to be appointed by the commissioners;) and the jury or committee shall have the same powers, and the proceedings in all respects shall be conducted in the same manner, as before provided in like case with respect to highways. If the damages are increased or the way is altered, the damages and all charges shall be paid by the town; otherwise the charges arising on such application shall be paid by the applicant or person recognizing as aforesaid. 421. not removing, right. 1848, 98, §§ 1, 2. 1859, 132, §§ 1, SECT. 74. When a town or private way is laid out or altered by the Owner may reselectmen or commissioners, they shall in their report or return thereof move trees, &c. specify the manner in which such way, location, or alteration, shall be relinquishes completed, and transmit to the clerk a description of the location and bounds thereof, which shall, within ten days, be recorded by him in a book of records kept for that purpose; and they shall allow the owner of the land through which the way may pass, a reasonable time to take off his trees, fences, and other property, which may obstruct the building of such way. If he neglects to remove the same within the time See § 87. Jury may ex- Towns not to allowed, he shall be deemed to have relinquished his right thereto for the benefit of the town, if the way be a town way; and if it be a private way, for the benefit of such person as the selectmen or commissioners shall determine. SECT. 75. If a jury is ordered to assess the damages done by the location or alteration of such way, they may extend the time for the owner of the land to remove his trees, fences, and other property; and if he neglects to remove the same within such extended time, he shall be deemed to have relinquished his claim thereto. SECT. 76. No town shall contest the legality of a way laid out by contest legality such town and accepted and recorded as provided in this chapter. of ways. R. S. 24, § 77 5 Gray, 65. Powers of men of Boston. R. S. 24, § 54. 1842, 86. 1854, 448, § 33. WAYS IN THE COUNTY OF SUFFOLK. SECT. 77. The board of aldermen of the city of Boston shall within board of alder- said city have similar powers and perform like duties as are exercised and performed by the commissioners of counties in respect to the laying out, altering, and discontinuing, of ways, and ordering specific repairs thereon; and shall assess damages therefor, and award indemnity for damages sustained by reason of such laying out, alteration, discontinuance, or order for specific repairs, in like cases and in the same manner as commissioners are required to perform similar duties. Applications for laying out SECT. 78. Applications for laying out, altering, or discontinuing, a &c., ways, how way in said city, may be made, and notice given, and proceedings had thereon, in such manner and under such regulations as shall be prescribed by any ordinance of the city for that purpose. made. Parties may ap superior court. View to be granted. R. S. 24, § 55. 20 Pick. 201. SECT. 79. A party aggrieved by the doings of the board of aldermen ply for jury to in the cases mentioned in the preceding sections, may apply for a jury by petition to the superior court, at any term thereof which shall be holden within one year after the passage of the order or proceeding upon which the application is founded, or if the application be for the assessment of damages or indemnity merely, then within one year after the final determination of any suit wherein the legal effect of the proceedings of the board of aldermen is drawn in question; and thereupon said court shall, after due notice to the city, order a trial by jury to be had at the bar of the court in the same manner in which other civil causes are there tried by the jury, and if either party request it, the jury shall view the place in question. Commissioners of Middlesex, powers of, in SECT. 80. The county commissioners of Middlesex shall have and exercise the same powers and duties in the city of Chelsea and in the Suffolk. War- towns of North Chelsea and Winthrop in the county of Suffolk, in rant for jury, to relation to highways and other ways, as they have and exercise in the Return of ver- several towns in the county of Middlesex, except so far as may be 1851, 336, §§ 1, 2. otherwise provided in the charter of the city of Chelsea; and similar whom directed. dict, &c. 1852, 295. Provisions of proceedings may be had for the assessment and award of damages and indemnity. But in case a jury is applied for or committee agreed upon in any matter relating to a way, the warrant therefor shall be directed to the sheriff or his deputy, or to a coroner, of the county of Suffolk, and the proceedings thereon shall be the same as are had upon such warrants in other counties. The verdict of such jury as well as the report of such committee shall be returned to the superior court. [WAYS IN CITIES.] SECT. 81. The provisions of the foregoing sections of this chapter, chapter extend so far as applicable, shall apply to the several cities and towns, except as may be otherwise provided by city charters and acts in amendment to cities. thereof. DEDICATION OF WAYS. chargeable un 4 Cush. 332. SECT. 82. No way opened and dedicated to the public use, which has Ways not not become a public way, shall be chargeable upon a city or town as a less, &c. highway or town way, unless the same is laid out and established by 1846, 203, § 1. such city or town in the manner prescribed by the statutes of the com- 5 Gray, 73. monwealth. 7 Gray, 343. SECT. 83. The mayor and aldermen and selectmen shall, whenever Selectmen, &c., the public safety demands it, direct and cause the entrances of such to close such ways entering on and uniting with an existing public highway, to be tion the public, closed up; or may by other sufficient means caution the public against 1846, 203, §§ 2, 3. entering upon such ways; and if any such way shall not be closed, or sufficient notice given that the same is dangerous, the city or town shall be liable for damages arising from defects therein in the same manner as if it had been duly laid out and established. ways, or cau &c. Abutters, when to grade ways; for expense, if 1853, 315, §§ 1, 4. to be assessed they refuse. SECT. 84. In cities in which the city council, and in towns in which the inhabitants at a legal meeting, have accepted the provisions of this and the two following sections, if a street or way has been or shall be opened over private land by the owner thereof, and permitted to be used by the public before the same has been accepted and laid out according to law, the owners of the lots abutting thereon shall grade such street or way at their own expense, in such manner as the safety and convenience of the public shall in the opinion of the mayor and aldermen or selectmen require. If the owners of such abutting lots, after reasonable notice from the mayor and aldermen or selectmen, neglect or refuse so to do, or to close the street from public use, the mayor and aldermen or selectmen may cause the same to be graded, and after due notice to the parties interested shall assess the expense thereof upon the owners in such proportion as shall be judged reasonable. All Assessments a assessments so made shall be a lien upon the abutting lands in the same manner as taxes are a lien upon real estate. lien. tablished. Plan SECT. 85. The mayor and aldermen or selectmen may fix and estab- Grade, how eslish the grade of a street or way so opened and used, and cause a plan of, where depos of such grade to be deposited in the office of the city or town clerk. ited. And all persons making improvements upon the lots abutting thereon, 1853, 115, §§ 1, 2. after the grade has been established and recorded, shall conform to the grade. But nothing contained in this and the preceding section shall affect any agreements heretofore made respecting such streets or ways, between the owners of lots and the city or town. tablishment of ceptance. SECT. 86. The grading of such street or way by the owners of the Grading, not a land, in pursuance of the notice by the mayor and aldermen or select- dedication. Esmen, shall not be construed to be a dedication of the same to the public grade not an acuse, nor shall the establishment and record of the grade, or the grading Streets not to thereof by the mayor and aldermen or selectmen, constitute an accept- be obstructed ance of the same by the city or town. But no such street or way shall sent, &c. be dug up or obstructed without the consent of the mayor and aldermen 1853, 115, §§ 1, 2, or selectmen. [ASCERTAINING LOCATION.] without con 3. is uncer tain, &c. SECT. 87. When ten or more freeholders represent to the mayor and If location of aldermen of a city or selectmen of a town, that the exact location of a tain, selectmen. street, road, or way, over which they have jurisdiction, cannot readily &c., to ascerbe ascertained, they shall make investigation thereof, and if it appears 1859, 132, § 4. that the representation is correct, shall, after giving the notice required in laying out a similar road or way, proceed to ascertain the correct location, erect the necessary bounds, and file a certificate thereof, for record, as provided in sections seventy-four and eighty-eight. |