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way the grade of which at the time of placing or erecting such build- <br />ing is other than the grade shown an said plan, or on land adjacent <br />to any street or way the plan and profile of which have not been <br />approved by said board of survey, no damages caused to any build- <br />ing so placed or erected, by the construction of such street or way <br />as shown on said plan, or caused to any building so placed or <br />erected, or to the land upon which such building is placed or erected, <br />by the subsequent change of grade of any street or way the plan of <br />which has not been approved by said board of survey, shall be re- <br />covered by or paid to the owner of the whole or any part of the <br />estate of which the land upon which said building so placed or <br />erected formed a part at the date of the first publication of notice <br />of hearing as aforesaid. <br />Sac. 6. Any town which accepts the provisions of this act may <br />from time to time appropriate sums of money to be expended by <br />the board of survey for carrring out the provisions of this act; but <br />no expenditures shall be made in excess of such appropriations. <br />SEC. 7. Said board of survey, its officers and agents, may, so far <br />as they deem it necessary in carrying out the provisions of this act <br />enter upon any lands and there make such examinations and surveys <br />and place and maintain such monuments and marks as they may <br />deem necessary; and any person whose property is injured by such <br />entry or by such placing or maintaining, who fails to agree with the <br />town as to the amount of his damages, may have them assessed and <br />determined in the manner provided by law in the case of land taken <br />for the laying out of highways in said town, on application at any <br />time within one year after such entry or after such placing and <br />maintaining. <br />Sac. 8. This act shall not be construed to authorize any taking <br />or condemnation of Iand, or to render a town liable for damages <br />of any kind, except for making entries upon land and for placing <br />and maintaining monuments and marks as authorized by section <br />seven, nor to authorize a town to lay out or to construct any way <br />105 <br />located on any of said pians, until such way has been laid out as a <br />highway under other provisions of law. <br />SEC. 9. This act shall take effect upon its passage so far as to <br />authorize the submission of the question of its acceptance to the <br />voters of any town, but it shall not take further effect in any town <br />until it has been accepted by a majority of the voters of such town <br />present and voting thereon either at a special meeting called for the <br />purpose, or at an annual meeting. <br />106 <br />