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and, in pursuance of the order of the Commissioners of Highwaye of said town of bearing date the
- in the year after having viewed and examined the premises, determine and assess the said damages of the said P. Q. at dollars Given under our hands, this day of —- 18
L. M., &c., Jurors.
Application for a Private Road. To the Commissioners of Highways of the Town of in the
County of I, the undersigned, a resident of said town, and liable to be as. sessed for highway labor, do hereby make application to you, tho said Commissioners, to lay out a private road for my use, commencing, &c., [insert a description of the road applied for, sufficiently cer tain and definite,] passing through the lands of P. Q., of said town. Dated the
Notice the owner or Occupant of the Premises,
UPON AN APPLICATION FOR A PRIVATE ROAD. To P. Q., of the Town of —, in the County of -:
Sır: I, the undersigned, have applied to the Commissicners of Highways of said town to lay out a private road, for my use, through your lands, (or, through lands of which you are the occupant,) and you are hereby notified that twelve disinterested free. holders will meet on the
day of --, instant, at 12 o'clock at noon, at the house of in said town, to be sworn, and to pro ceed to view the lands through which the road is applied for, and to determine whether it is necessary. Dated the '8 Yours, &c.,
in the year
Certificate of Jury, UPON APPLICATION FOR A PRIVATĽ ROAD. We, the undersigned, being disinterested freeholders of the town of —, in the county of —, having met on the day of -, at
in said town and having boen duly sworo well and truly to examine and certify with regard to the necessity and proprioty of the road described in the annexed application of A. B., and having viewed the lands through which it is proposed to be made, do certify, that, in our opinion, it is necessary and proper to lay out a private road, for the use of the eaid A B, pur suant to his said application.
Giron, &c., (as in Verdict of Jury assessing damages sustained by the opening a new road ]
Order of Cominissioner to lay out a Private Road.
County, Town of U pon the application of A. B., for the laying out of the private road hereafter described, and on the certificate of twelve reputable freeholders of said town, convened and duly sworn, after due notice to the owner (or occupants of the lands through which said road is to pass, as required by the statute, certifying that such road was necessary : It is therefore ordered and determined, that a private road he laid out for the use of the said A. B., pursuant to his application, the courses and distances whereof, according to a survey thereof which the said Commissioners have caused to be made, are as follows: (Insert the survey.) And it is further ordered, that the line above described shall be the centre of said road, and that said road shall be of the width of rods.
In witness, &c., [as in Assessment of Highway Labor.]
Application for the Discontinuance of an old Road. To the Commissioners of Ilighways of the Town of in the
County of The undersigned, a resident of said town, liable to be assessed for bighway labor, hereby make application to you for the discon tinuance of the old road'in said town, commencing, &c., [describe the road, on the ground of its having become useless and unnecessary Dated the
Certificate of Freeholders, UPON APPLICATION FOR THE DISCONTINUANCE OF AN OLD ROAD.
We the undersigned, disinterested freeholders of the town of
having met at —, on this day of in pursuanco of the summo:s of the Commissioners of Ilighways of said town, in order to examine and certify in regard to the propriety of dis. continuing the road described in the annexed application, and after being duly sworn, and having viewed said road, do certify that the Bame is in our opinion useless and unnecessary.
Given, &c., 28 in Verdict of Jury assessing Damages sustained by the opening a New Road.]
Order of Commissioners to discontinue a Road.
County, Town of Uron the application of A. B., of said town, for the discontinu. ance of the road hereinafter described, and on the certificate of twelve disinterested freeholders, duly summoned and sworn, who bave in due form certified that said ro id is useless and unnecessary, and the Commissioners having caus a survey of said road to be made as follows, to wit: there insert the survey,] It is ordered and determined by the said Commissioners, that the said road be, and the same hereby is discontinued.
Iu witness, &c., (as in Assessment of Highway Labor.
Appeal to three of the Judges OF THE COURT OF COMMON PLEAS OF THE COUNTI, TO BE
ANNEXED TO A COPY OF THE ORDER APPEALED FRON. To A. B., J. K., and L. M., three of the Judges of the Court of
Common Pleas of the County of CONCEIVING myself aggrieved by the determination of the Com missioners of lighways of the town of —, in said county, contained in the order of which a copy is hereto annexed, I do hereby appeal to you therefrom.
This appeal is brought to reverse the determination of the Com missioners entirely, on the ground that the laying out of said high way is unnecessary, inexpedient, and improper.
Or, This appeal is brought to reverse so much of the determina tion of the Commissioners, as directs the said road to be laid ow four rods wide, instead of three rods wide.) Made and signed by me, this
13- A. B
Notice by Judges to Commissioners of the Appeal. Tc J. C., II. D., and T. J., Commissioners of Highways of the
Town of in the County of Take notice, that A. B. has appealed to us, the undervigned, bree of the Judges of the Court of Common Pleas of the county of from
determination contained in your order, dated the
last, laying out (or altering, or discontinuing,) the highway theroin mentioned, and that we shall meet on the instant, at o'clock, in the
noon, at the house of
in said town, to hear and decide the said appeal Dated the
18- Yours, &c.,
A. B.) Judges of the Court
Notice by Judges,
TD ONE OR MORE OF THE APPLICANTS OF THE APPEAL
To C. D and E. F.:
Take notice, that A. B. has appealed to us, the undersigned, three of the Judges of the Court of Common Pleas of the county of
from the determination of the Commissioners of Highways, as contained in their order dated the of —, in the year upon the application of yourselves and others, and that we shall meet at the house of in said town, on the
day of instant, at o'clock in the noon, to hear and decide the said appeal.
Dated, &c., (as in Notice by Judges to the Commissioners of the Appeal.]
in the year
Decision of Judges upon the Appeal.
appealed to A. B. J. K., and L. M., three of the Judges of the Court of Cummon Pleas of said county, from the order and determination of the Commissioners of Highways of said town, bearing date the day of —, in the year copies of which said appeal and or der are hereto annexed:
And after the expiration of sixty days from the making of the said order and determination of the said Commissioners of Highways, the said Judges appointed the time and place of the hearing of the said appeal to be on the
in the year
at the house of in the said town of and caused written notice of the said appeal, specifying therein that the said Judges would convene at the said time and place to hear the said appeal to be served on the said Commissioners, and upon E. F., an applicant for said order, at least eight days before the time and place of convening as aforesaid, in the manner prescribed and directed by the statute in such case made.
And the said Judges convened at the time and place mentioned in the said notice, to hear the proofs and allegations of the parties, and such proceedings were thereupon had, that having beard the vaid proofs and allegations, the said Judges thereupon adjudged and decided, and do adjudge and decide, that the order and determinetion of the Cominissioners of Highways aforesaid be, and the same bereby is reverscd, (or, affirmed, as the case may be.]
In witness, &c., las in Notice by Judges to the Commissioners op shee Appeal.)
A Dog, iu the habit of attacking passers-by, is in law a nuisance which any one is free to remove, by killing or otherwise. In case of suit, the party killing him ne-á not prove that he was obliged to kill him in self-defence.
Any one killing a harmless or inoffensive dog, is liable in dama ges to the owner; but in an action to recover damages for killing a dog, the opinions of witnesses as to its value are not admissible in evidence. The jury are the judges of the animal's value. Any dog in the habit of attacking, worrying or killing sheep, or other useful animals, may be killed by order of a magistrate.
The owner of a dog is liable for all damage the animal may do to another's cattle or other property.
The owner of a stray horse or horses, or other animal or animals, is liable in damages for all injuries it or they may do to others' pra perty. Should the owner, for the sake of avoiding the payment of the damage, disclaim ownership, the animal or animals may be sold by order of a magistrate, and the damages paid, on application, by the supervisors.
Whenever a stray animal comes upon the premises of any party, che latter should give immediate notice of the same, in writing, to the Town Clerk. If this notice is not given within ten days of the arrival of the stray, the party can recover no compensation for the keoping of the animal. It is the duty of the Town Clerk to keep a record, open for public inspection, of all such notices. The Clerk's fee for entering the notice must be paid by the party pro. senting it. The latter has the right to detain the animal or ani. mals till all reasonable charges for keeping the same, together with the Clerk's fees, are paid. The Fence Viewers of the town are to decide upon the fairness of the charges. If, at the expira. tion of five months, no owner appear, or if he or they appear, and refuse or neglect to pay the charges, the party on whose premisor the animal or animals have come, may sell the same to the highes. bidder at public auction. Out of the proceeds of the sale, he may retain sufficient to pay his bill of charges; the remainder must be paid to the owner of the strays, if he demands the same ; if not