1889 private laws – Ch.239 Sec.35

That the board of commissioners shall have power to grade, macadamize and pave the streets and sidewalks, and to lay out and open new streets, or widen those already opened, and make such improvements thereon as the public convenience may require. That when any land or right of way shall be required for the purpose of opening new streets, or for widening those alregdy open, or for other objects allowed by this charter, and for want of agreement as to the value thereof the same cannot be purchased from the owner or owners, the same may be taken at a valuation to be made by three freeholders of the town, to be chosen by the commissioners; and in making said valuation, said freeholders, after being duly sworn by the mayor, or a justice of the peace, or clerk of a court of record, shall take into consideration the loss or damage which may accrue to the owner in consequence of the land or right of way being surrendered. also any benefit or advantage such owner may receive from the opening or widening such streets or other improvement, and ascertain the sum which shall be paid to the owner of the said property, and report the same to the board of commissioners under their hands and seals, which report, on being confirmed by the board and spread upon their minutes, shall have the effect of a judgment against said board of commissioners in their corporate capacity of the land so taken: Provided, that if any person over whose lands the said street may pass or improvement be erected, or the commissioners, be dissatisfied with the valuation thus made, then in that case either party may have an appeal to the next superior court: Provided, however, that such appeal shall not hinder or delay the commissioners opening or widening such street or erecting such improvement.