Tout ways 1874.249 Highways, how laid out. R. S. 24, § 1. 7 Mass. 158. 9 Gray, 57, 186. 6 Allen, 10, 20. 8 Allen, 21. 9 Allen, 203. 11 Allen, 530. payment of costs, SECTION 45. Questions of costs, finally settled, &c. 46. Highways not to be worked or shut up until, 47. Expenses, damages, &c., paid by county. 49. Highways made at expense of county when 50. Warrants to issue against towns neglecting to 51. Commissioners may order expenses to be paid 52. Commissioners to certify to county treasurer 53. Several parties may go to same jury. 54. Notice to persons interested to become par- 55. Verdict, to apportion damages. 56. conclusive on all who have notice, &c. 58. Party neglecting to appear, to be barred. TOWN WAYS AND PRIVATE WAYS. 59. Town ways, &c., how laid out. 61. Notice to be given by selectmen before laying out. 62. Damage from laying out, &c., how determined 63. When paid; when party shall have indemnity 64. Damages, if interests are separate. 65. Location, &c., to be filed and accepted before 66. Commissioners may lay out in certain cases. 67. If selectmen unreasonably refuse, &c., party 68. Appeal if towns refuse to accept ways. 70. If towns refuse to discontinue, commissioners 71. When towns are debarred from laying out, 72. Recognizance for costs. Notice. SECTION 73. Parties may have jury or committee to ascer tain damages; rule as to costs. 74. Owner may remove trees, &c. Not removing, relinquishes right. 75. Jury may extend time for removal. 76. When towns shall not contest legality of ways. WAYS IN THE COUNTY OF SUFFOLK. 77 Powers of board of aldermen of Boston. 78. Application for laying out ways, &c., how made. 79. Parties may apply for jury to superior court; view to be granted. 80. Commissioners of Middlesex, powers of, in Suffolk. Warrant for jury, to whom directed. Return of verdict, &e. WAYS IN CITIES. 81. Provisions of chapter extend to cities. DEDICATION OF WAYS. 82. Ways not chargeable unless regularly laid out. 83. Selectmen, &c., to close such ways, or caution the public, &c. 84. When abutters to grade ways. If they refuse, to be assessed for expense. 85. Grade, how established; plan of, where deposited. 86 Grading of way, not a dedication. Establishment of grade, not an acceptance.. Streets not to be obstructed without consent, &c. ASCERTAINING LOCATION. 87. If location of way is uncertain, selectmen, &c., to ascertain, &c. ERECTION OF MONUMENTS. 88. Commissioners, &c., to mark termini and angles of ways. Penalty for neglect. WAYS OVER BURYING-GROUNDS. 89. Ways not to be laid out over burying-grounds, unless, &c. 90. Same subject. [See 1867, 256; 1869, 237, 303; 1870, 260; 1871, 158, 382.] 1874.275 SECTION 1. When a new highway, from town to town, or from place to place within the same town, is wanting, or when any highway can with greater public convenience be altered or discontinued, application therefor shall be made, by petition in writing to the county commissioners who have jurisdiction in the place in which such new highway or such alteration or discontinuance is wanted. SECT. 2. No petition for the laying out, altering, or discontinuing, Recognizance for a highway, shall be proceeded upon by the commissioners, until the petitioners cause a sufficient recognizance to be given to the county, with surety to the satisfaction of the commissioners, for the payment of all costs and expenses which shall arise by reason of such petition and the proceedings thereon, if the petitioners shall not finally prevail. R. S. 24, § 41. Notice to be given SECT. 3. The commissioners to whom such petition is presented shall cause a copy thereof to be served upon the clerk of every town within which such new highway, alteration, or discontinuance, is prayed for, thirty days at least before the time appointed for any view or hearing. They shall also cause copies of the petition, or abstracts containing the substance thereof, to be posted in two public places in each of said towns, and shall give notice to all persons interested, by causing a like copy to be published three weeks successively in such newspaper as they shall order; the posting and the last publication of the copy to be fourteen days at least before any view, hearing, or adjudication, on such petition. view premises, if requested, &c. R. S. 24, § 3. 9 Met. 423. SECT. 4. They shall view the premises, when they deem it expedient Commissioners to or when requested by any party interested; and, before any view, shall give notice in the manner provided in the preceding section to all persons interested, of the time and place for commencing the same. SECT. 5. They shall hear the parties, either at the time of the view, Hearing and ador at any regular or special meeting, or any adjournment thereof, as they determine; and as soon as may be after the hearing they shall consider nience, &c. and adjudicate upon the common convenience and necessity of laying 9 Met. 423. out, altering, or discontinuing, such highway, as prayed for by the petitioners. judication upon common conve R. S. 24. § 4. 11 Allen, 530. out, 18 Pick. 309. SECT. 6. When they have adjudicated upon the common convenience Notice before and necessity of laying out, altering, or discontinuing, a highway, they highway is laid shall, as soon as may be, proceed to lay out, alter, or discontinue, the R. 24, § 6. same accordingly; first giving such notice thereof as is required before 20 Pick. 71. proceeding to view, except that instead of a copy of the whole petition it shall be sufficient to serve and publish an abstract thereof. SECT. 7. They may make such changes between the termini of the highway described in the petition, with regard to the direction, alteration, or discontinuance, thereof, as in their opinion the public convenience requires. 22 Pick. 278. R. S. 24, § 5. may lay out, &c., one objects. SECT. 8. If at the time of view, upon a petition for laying out or alter- Commissioners ing a highway, no person interested shall object, the commissioners may highways if at within six months proceed to lay out or alter the same without further time of view no notice. If at the time of view upon a petition for discontinuing a highway R. 8. 24, § 6. the commissioners shall decide that the same ought to be discontinued, 26. they may at the same time adjudge and determine that it be discontinued 9 Met. 423. without a further or subsequent meeting therefor, and may estimate the damages caused to any person thereby; and when a return of said proceedings and adjudication is made at the next regular meeting of the commissioners and accepted, it shall be held to be a discontinuance of such highway. SECT. 9. If, upon a petition for laying out or altering a highway, the commissioners, after having viewed the same and heard all persons interested, are of opinion that the existing highway between the termini mentioned in the petition can be so far amended as to supersede the necessity of laying out a new highway or altering the location of existing ways, they may, after due notice to the towns interested, direct specific repairs to be made in the existing ways in such manner as the public convenience requires; and they may apportion the expense of making the same upon the county and towns respectively as in laying out highways. 9 Gray, 57. Upon petition for having out, &c., missioners may repairs of existing ways. highway, com order specific R. S. 24, § 7. Met. 335. SECT. 10. At the time of ordering specific repairs upon an existing Highway may be highway, they may direct it to be closed to the public travel for such temporarily time as they may deem reasonable. closed. certain repairs. SECT. 11. Towns in which specific repairs are ordered to be made Towns to make shall be liable to make the same, and be entitled to a trial by jury in R. S. 24, § 8. like manner as is provided in laying out highways. 9 Allen, 204. located anew. 1851, 214. SECT. 12. When application is made to the commissioners by a town, Existing highor by five inhabitants of a town, to locate anew a road within such way may be town, whether the same were laid out by the authority of the town or RS. 24. § 9. otherwise, they may, either for the purpose of establishing the boundary 11 Cush. 394. lines of such road or of making alterations in the course or width 2 Gray, 274. thereof, locate it anew, after giving like notice and proceeding in the 17/6 4 Allen, 488. manner prescribed in laying out highways. The expense shall be assessed upon the petitioners, or upon the town or county, as the commissioners order. SECT. 13. When a highway is laid out or altered, the commissioners Time prescribed shall in their return determine and specify the manner in which such for making high. new highway or alteration shall be made, and also the time within which 1875-117 moving trees, &c. ways, and for re- it shall be completed; and shall transmit to the clerks of the several towns in which said highway lies a description of the location and bounds thereof within the limits of such towns respectively, which description shall be recorded within ten days by the clerk in a book of records kept in the town for that purpose. They shall also allow the owner of the land a reasonable time to take off his timber, wood, or trees, which shall be expressed in their return. If he shall not remove the same within the time allowed, he shall be deemed to have relinquished his right thereto for the benefit of the town. Damages to be SECT. 14. If damage shall be sustained by any persons in their property, by the laying out, altering, or discontinuing, a highway, the com missioners shall estimate the amount, and in their return state the share of each separately; but they shall not order such damages to be paid, nor shall a person claiming damage have a right to demand the same, until the land over which the highway or alteration is located has been entered upon and possession taken for the purpose of constructing it. But when a person so claiming damages has been put to trouble and expense by the proceedings, the commissioners shall allow him full in5 Gray, 35, 372. demnity therefor, instead of the damages awarded, although no entry is made upon his land. 8 Cush. 360. 2 Gray, 267. 4 Gray, 537. 3 Allen, 538. 101 Mass. 439. nity. SECT. 15. When specific repairs are ordered to be made in a highrepairs. Indem- way which occasion damage to any person or property, the commissioners shall estimate the same and make return thereof; and at their first meeting after the repairs are completed, they shall order the damage to be paid. But if the order for repairs does not go into effect, or is rescinded or altered, they shall order only so much of the damage to be paid as in their opinion has been actually sustained. Damages. R. S. 24, § 31. 108 M. 60 1842, 86, 2 Mass. 267. 117 m.363.5 Met. 372. 2 Gray; 467. 2. 11 Gray 26, 415. 14 Gray, 214. 1876.22 have different Изпалите 114,388 interests, entire SECT. 16. In estimating the damage sustained by laying out, locating anew, altering, or discontinuing, a highway, or by an order for specific repairs, regard shall be had to all the damages done to the party, whether by taking his property or injuring it in any manner; and there shall be allowed, by way of set-off, the benefit, if any, to the property of the party by reason thereof. SECT. 17. When persons having a claim for damages sustained in their property by the laying out, alteration, or discontinuance, of a highway, have different or separate interests in the property, so that an estate for life or for a term of years in the same belongs to one person, and the remainder or reversion in fee belongs to another, entire damages, or an entire sum as indemnity, shall be assessed in the same manner as is provided in other cases, without any apportionment thereof; 108m. 535 and the amount of such damages or indemnity shall be paid over to or be recoverable by any person whom the parties owning the several interests may appoint, to be invested by him, when paid over or recovered, in bond, mortgage, or other good securities, and held in trust for the benefit of the parties according to their several interests; the annual income to be paid over to the person in whom was the estate for life or term of years, for the period such estate might have continued, and the remainder after the termination of such estate to be paid over absolutely to the person that was entitled to the reversion in fee, or to his heirs or devisees. Trustee in certain of probate, &c. SECT. 18. If any of the persons having an interest in such property pointed by judge shall, by reason of legal disability, be incapacitated from choosing a trustee, or if the parties in interest cannot agree upon a choice, the probate court of the county in which the property is situated, upon application, shall appoint some suitable person as trustee. Said trustee shall 1874,388 before entering upon the duties of his trust give a bond to the judge of probate and insolvency, with sufficient surety or sureties, in such pena sum as the judge directs, conditioned for the faithful performance of hi duties as trustee under the provisions of this and the preceding section Cont. Hem. 1875-117 which bond upon breach of its condition may be put in suit by order of the probate court for the use and benefit of the persons interested in the trust property, in like manner as is provided in case of bonds given by executors or administrators. R. S. 24, § 13. 21 Pick. 258. 12 Met. 123. 4 Cush. 291. 10 Cush. 151. 9 Allen, 204. Powers of jury. 3 Met. 375. cation; (R.) Repeal and substitute. SECT. 19. (R.) [A party aggrieved by the doings of the commission- Jury trial. ers, either in laying out, locating anew, altering, or discontinuing, a high- 1842, 83, 3. way, or in the estimation of his damages occasioned thereby, or by rea- 22 Pick. 278. son of any specific repairs ordered by the commissioners, or in the sum 1 Met. 437 awarded him as indemnity, may, on application in writing to the com- 3 Cush 82 missioners, have a jury to determine the matter of his complaint; unless he agrees with the parties adversely interested to have the same 5 Gray, 65. determined by a committee to be appointed under the direction of the 1 Allen, 329. commissioners.] 102 Mass. 123. 105 Mass. 140. (R.) Repeal and substitute. 1870, 75, 185. SECT. 20. (R.) [Such jury or committee shall not revise the judgment of the commissioners as to the common convenience and necessity of laying out or altering the way in question; but they may make any alterations that are prayed for between the termini as established, so far as they think them necessary or proper.] (R.) Repeal and substitute. 1870, 75, 185. SECT. 21. (R.) [Applications for a jury to revise the judgment of the Jury to revise locommissioners in laying out, locating anew, altering, or discontinuing, a R. S. 24, §§ 8, 14. highway, or in ordering specific repairs to be made, may be received 8 Cush. 3). and acted upon at the meeting at which the order therefor is adopted, or at the next regular meeting thereafter, but not afterwards.] SECT. 22. Applications for a jury to revise the judgment of the commissioners in the assessment of damages merely, or in the award of indemnity, may be made at any time within one year from the time of the adoption of the order; or, if within that time a suit shall be instituted wherein the legal effect of the proceedings of the commissioners in laying out, locating anew, altering, or discontinuing, a highway, is drawn 5 Gray, 31. in question, such application may be made at any time within one year after the final determination of the suit. SECT. 23. If two or more persons apply at the same time for joint Several applicaor several damages or indemnity, they may join in the same petition to the commissioners; and if several applications are pending at the same time before the commissioners for a jury to determine any matter relating to the laying out, alteration, or discontinuance, of a highway, or the assessment of damages or indemnity, they shall cause all such applications to be considered and determined by the same jury; and the costs shall be taxed either jointly or severally, as the court to which the verdict may be returned shall determine to be equitable. 1870, 75, 185. to revise assessment of damages, R. 1857, 133. when to be made. 8 tions may be con sidered by same jury. 22 Pick. 281. 2 Cush. 102 Mass. 125. costs in all cases. SECT. 24. No jury shall be ordered, nor committee appointed, until Recognizance for the petitioners give recognizance to the county for the payment of all RS. 24, § 41. the costs and expenses which may arise in case the jury or committee 102 Mass. 121, shall not alter such highway, nor increase the damages or indemnity allowed by the commissioners. pros 123, 124. abate by death of 6m. 421 SECT. 25. No petition for a jury shall abate or be defeated by the Petitions not to death of the petitioner; but the executor or administrator, or the heirs parties. or devisees if they shall be the persons interested, may appear and R. S. 24, § 16. ecute such petition, or present a new petition, in the same manner and with the same effect as the original party might have done. SECT. 26. If, upon the death of one or more of several petitioners Executors, &c., for a jury, the executors or administrators, heirs or devisees, of such neglecting to appetitioners, after due notice that such petition is pending, neglect to may proceed. appear or to prosecute, the surviving petitioners may proceed in the same manner as if they only had made the application. pear, survivors R. S. 24, § 17. &c. SECT. 27. The warrant for a jury shall be directed to the sheriff of Warrant for jury, Sur the county or his deputy, who is disinterested, or to a coroner, as the Rs. 24, § 18. commissioners shall order, requiring him to summon a jury of twelve 11 Pick. 269.875≤261 men to hear and determine the matter of complaint set forth in the 4 Cush. 291. 3 Cush. 59. |