FRANK BROWN, ESQUIRE, GOVERNOR.

passed, or passed under any section of this charter, shall be
paid to the treasurer of the said city for the use of the said city.

171

SEC. 162 A. Whenever they shall pass an ordinance to open,
widen or alter a public street, they shall immediately appoint
three examiners, who shall be voters and freeholders in said
town, who, after giving two weeks' notice of their appoint-
ment and their place of meeting, shall go upon the streets so
proposed to be opened, widened or altered, and shall cause the
same to be surveyed and located by a competent surveyor, and
shall estimate the damages to the persons over whoso land the
proposed street passes or whose land is in any way affected by
the proposed opening, widening or alteration, and shall return
an account of their proceeding, under their hands, to the said
council, who, before actually opening, widening or altering any
street, shall pay or tender to the person, his agent, guardian
or representative, the amount of damages so awarded, and if

Opening or
widening
streets.

any person shall feel himself aggrieved by the award of said
examiners, he may take an appeal to the Circuit Court for
Worcester county, within sixty days after said award is re-
turned to the said examiners; and the said council shall there
upon file the said return in the office of the clerk of the Cir-
cuit Court for said county, and the court shall at its next term
thereafter, hear and determine upon the said award, and may
either reduce or enlarge the damages so assessed, or affirm the
said award, and upon .such appeal either party shall be entitled
to a trial by jury; but nothing herein shall prevent or hinder
the said council from opening, altering or widening any public
streets, lanes or alleys with the consent of the owner of the
land which shall be taken for said purpose, and to agree with
and pay said owner a reasonable sum therefor.

Right of
appeal.

SEC. 2. Be it enacted, That this act shall take effect from
the date of its passage.

Approved March 27th, 1894.

Effective,