To authorize the Commissioners of Streets for the Town of Dartmouth to sell certain lands, 1873 c19


(Passed the 30th day of April, A. D., 1873.)

SECTION.
1. Commissioners of Streets authorized to sell certain lands.
2. Appointment of appraisers for valuation of such property.
3. Appointment of Umpire.
4. Application of purchase money
5. Appraisement of damage done to James W. Turner.

Be it enacted by the Governor, Council, and Assembly, as follows:

Commissioners:
1. The Commissioners of Streets for the Town of Dartmouth or their successors in office for the time being may, by deed to be executed by them or a majority of them, grant, sell, convey, enfeoff, release and confirm to William S. Symonds or any other person all the public land and land covered with water situate in the Town of Dartmouth, at the foot of Stairs Street, between the North and South properties of the said William S. Symonds, with the water grant, and land covered with water, lying in front thereof, and all the right, title, property, claim and interest of the Town of Dartmouth or the Commissioners of
Streets for the time being therein.

Appointment of appraisers for valuation of such property:
2. Should the said William S. Symonds or other person desiring to purchase such land and land covered with water, and property. the Commissioners of Streets for the time being not be able to agree upon the value of such property and the price to be paid therefor, the said William S. Symonds or other person desirous of purchasing the same shall appoint under his hand one Appraiser, and the Commissioners of Streets for the time being or a majority of them, shall in like manner appoint under their hands one Appraiser who together shall appraise and value such property so to be sold, whose valuation shall be final and shall fix the consideration money to be paid for the said property.

Appointment of umpire:
3. In case the Appraisers shall fail to agree upon the value of such property they shall call in and appoint under their hands an Umpire who shall decide between them and whose valuation shall be in like manner final and shall fix the consideration money to be paid for the property.

Application of purchase money:
4. The purchasers of such property shall pay the consideration money to the Commissioners of Streets for the time being to be by them applied under the direction of the “ The Annual Town Meeting” to the improvement of the Streets of the Town of Dartmouth.

Appraisement of damage done to James W. Turner:
5. James W. Turner shall nominate one Appraiser and the Commissioners of Streets shall nominate another Appraiser, who having first subscribed an affidavit in writing to be sworn to before a Justice of the Peace to the effect that they will faithfully make such appraisement, shall, with all convenient speed, proceed to the lands owned by the said James W. Turner and appraise the damage if any sustained by him, by reason of the conveyance in this Act named, and in case such Appraisers cannot agree they shall choose a third Appraiser to be sworn as aforesaid, and the sum awarded by a majority of such appraisers, in writing, for such damage, if any, shall be paid to the said James W. Turner by the Treasurer of the Town of Dartmouth.

“To authorize the Commissioners of Streets for the Town of Dartmouth to sell certain lands”, 1873 c19