1878-Annual Report - Laserfiche WebLink

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of the town, to make answer to this demand, to the court to be holden at Cambridge in January last. We appeared at Court at that time, but as the plaintiff fail- ed to make his appearance, it was presumed he had abandoned the demand. A few days since a notice was received from Mr. Heard, saying he had again entered his case in Court. The important question in which every tax -payer in town is interested, and which has been repeatedly ex- pressed during the past year, is, cannot some measures be devised, to amicably settle this perplexing and ex- pensive matter, without these heavy drafts, not only from the treasury, but also the pockets of those who have been assessed ? It would not be discreet or proper for us to venture any suggestions, but will simply say it is our belief, that if the act is legalized, that measures tending to- ward a settlement could easily be adopted. The town in April last instructed the Selectmen to petition the Legislature, for the legalization of the drainage act ; in compliance with these instructions we took the necessary measures and petitioned ; two hear- ings before the Senate Judiciary Committee have been given, the result of which at this time has not been an- nounced. AN AGREEMENT BETWEEN MR. CHARLES TIDO AND THE SELECTMEN. As the limit of time allowed by law in whi.±h to com- mence an action, in certain cases, having nearly ex- pired, it became necessary for Mr. Tidd, i» order to receive redress for damages which he alleges he has 12 sustained by reason of the digging of a deep ditch through a portion of his property to commence the action by law, which he did about two years since, as it was expected that a hearing before the court would be had in September last, and as no valid defence could be made in consequence of the illegality of the act, and that the cost would undoubtedly fall upon the town, we therefore desired a postponement of the case, until after a hearing before the Legislature. This request Mr. Tidd objected to, but expressed a wish that a compro- mise might be effected, which would ultimately avoid a trial. After considering the subject in all its bearings, and also being aware we had no authority to make an ab- solute settlement, finally concluded that if a condition- al arrangement could be made with Mr. Tidd, which would not cost the town, more than counsel fees would in case of a trial, it was best to make the attempt. After several interviews an agreement embracing sev- eral conditions was arranged with Mr. Tidd, he agree- ing on his part to withhold bringing his suit to trial until after a hearing before the next Legislature, also not to oppose the legalization of the Drainage Act. We promised to submit a recommendation to the town at the next March meeting for consideration, and would urge its acceptance. An instrument containing the details of the subject, was prepared and signed by both parties, the matter will therefore remain as it now is until after the next annual meeting.