TWENTY-SIXTH LEGISLATURE.

No. 26.

STATE OF MAINE.

HOUSE.

IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND

FORTY-SIX.

AN ACT granting appeals from the decisions of county

commissioners.

Be it enacted by the Senate and House of Represent

atives in Legislature assembled, as follows:

SECTION 1. Any person or corporation aggrieved 2 by any decision of any court of county commissioners, 3 on an application to lay out, alter or discontinue any 4 highways, may appeal to the district court held in the 5 county where the location, alteration or discontinuance 6 is prayed for, under the limitations and restrictions 7 contained in this act.

SEC. 2. The parties, petitioners or respondents may 2 enter their appearance before the county commission3 ers on any such application, either jointly or severally;

Wm. T. Johnson, Printer to the State.

4 and any party so entering an appearance may take 5 an appeal from the decision of said county commis6 sioners within thirty days after said decision shall be 7 entered on record, and not afterwards; provided, 8 however, that if the person or corporation so appeal9 ing shall neglect to prosecute the appeal, any other 10 person or corporation, a party of record, may prose11 cute the same; and thereupon all proceedings shall 12 be stayed in said county commissioners' court until a 13 decision shall be had in the district court, from which 14 decision there shall be no appeal; and all persons or 15 corporations claiming such appeal, shall be held joint16 ly and severally liable for all costs that may be ad17 judged against them.

SEC. 3. In all cases of appeal from the judgment 2 of the county commissioners in any county, pending 3 in the district court in said county, it shall be lawful 4 for the court to appoint a special committee of three 5 disinterested persons, whose duty it shall be, after 6 giving such notice as the court shall order, to proceed 7 to view the route named in the original petition; and 8 after a hearing of the parties and their witnesses, to 9 report at the next term of said district court in said 10 county, whether in their opinion, the judgment of the 11 county commissioners should be, in whole or in part,

COUNTY COMMISSIONERS.

3

12 affirmed or reversed; and such committee shall be 13 sworn to the faithful performance of their duty.

SEC. 4. Upon the acceptance of such report, judg2 ment shall be entered accordingly, by the district 3 court, including judgment for costs as hereinafter 4 provided; and the same shall be forthwith certified to 5 the court of county commissioners. If such judg6 ment shall be wholly against the location, alteration 7 or discontinuance in question, no farther proceedings 8 shall be had thereon by the county commissioners; 9 but if otherwise, then the county commissioners shall 10 proceed to lay out, alter or discontinue such highway, 11 in whole or in part, as the judgment may be; and in 12 the manner and according to the regulations and lim13 itations provided by law, where no appeal is taken.

SEC. 5. The special committee above provided, 2 shall be paid by the county, for their time and travel, 3 such compensation as is now or may be provided by 4 law, for the county commissioners when acting upon 5 original petitions for the same purpose, subject, how6 ever, to the decision of the district court as to the 7 number of days attendance to be allowed said com8 mittee; and in case the judgment of the county com9 missioners shall be affirmed in whole or in part, the 10 party prosecuting the appeal, shall if so adjudged by

11 the district court, pay all costs that have arisen since 12 the appeal, and the county commissioners shall issue 13 their warrant therefor, in the same manner as is now 14 provided for the collection of costs awarded against 15 petitioners for a road. The district court shall have 16 discretionary power to allow costs to be paid out of 17 the county treasury to the prevailing party in any 18 such appeal.

SEC. 6. In case no person appears to prosecute the 2 appeal provided for in this act, the case may be dis3 missed by the court; but it may be again restored, 4 upon application to the court within a reasonable time, 5 if in the opinion of said court justice requires it.

SEC. 7. If the judgment, upon appeal, shall be 2 wholly against the laying out, altering or discontinu3 ing of the road prayed for, no petition praying sub4 stantially for the same action, shall be entertained by 5 the county commissioners, within two years from the 6 rendition of such judgment on appeal.

SEC. 8. This act shall take effect from and after its 2 approval.