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WILLIAM S. McCOTTER, App't, vs. TOWN COUNCIL OF NEW SHOREHAM.

(1) Appeal from Town Council. Time Allowed to Perfect Appeal. Effect of Depositing in Mails. It is essential to the validity of an appeal from an order of a town council establishing an highway under the provisions of Gen. Laws R.I. cap. 71, § 11, and cap. 248, § 1, that the bond required by said statutes reach the town clerk within the period prescribed by law. The time of depositing such papers in the mail, as shown by the postmark thereon, is not material. Semble, under the circumstances the appellant's remedy is under Gen. Laws R.I. cap. 251, § 3.

PER CURIAM.

Our opinion is that, as the appeal bond failed to reach the clerk within the period prescribed by law, the appeal was not complete. As the failure was apparently due to accident, we think the appellant's remedy is by petition for new trial under the statute. We think that the order of removal made by the Common Pleas Division was erroneous.

Appellee's petition for new trial granted, and case remitted to the Common Pleas Division with direction to vacate its order of removal and to dismiss the proceeding.

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McCOTTER v. TOWN COUNCIL
(Oct 4, 1899)