1874-Annual Report - Laserfiche WebLink

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8 wishing to employ some responsible agent, and not knowing who may be upon the stage, when his gift matures, but knowing that the Selectmen are a permanent institution, he is satisfied that the gentlemen the town elects to manage its financial 'affairs, will be safe agents to manage his bequest, ILnd hence he makes the men who may happen to he upon that board, Itis agents. So in this particular case ; the town and those who happen to be Selectmen are the agents of those who petitioned For the drainage ; made so by the statute. Suppose. for instance, that no act had been passed. The town under that state of things, would have no right to enter upon these meadows. The only authority that the town or the Selectmen have to put a spade into these ditches, is con- ferred by the act itself; and this power must be exercised to promote the object therein specified, viz : To improve the estates, and to Lax the cost upon the owners in proportion to the benefit conferred. On this principle, and on this princi- ple alone, have we any right to expend any money upon these Meadows. We enter upon private property under these provisions of the statute, and we must pollf:rin to the provisions. Out of the statute we can do nothing ; and under it, we must conform to its requirments. To avail ourselves of the power of entering upon the lands ,o these meadows, and then assessing the cost upon nn individual whose entire property is far removed from these meadows, or the waters which flow from them, would be a direct violation of the letter and spirit of the act itself. We say then that the town has no legal right to spend their money on private property for the benefit of the individual ; and to assume the drainage debt, would render any tax illegal ; and the Court on application would enjoin the Treasurer, and so prevent his paying out any money for such a purpose. It may be said in answer to this, that the town does in fact; expend money in carrying out this drainage system; that the enlarging of the culverts across the Highways, and the interest on the loans to tneet these expenses, till the betterment tax is collected, is by the provision or necessary