The Illinois free trader. (Ottawa, Ill.) 1840-1841, 1841-04-02

emf, or supervisor, authorized to consiruc,
the same, on amount of damage which
such owner or owners may claim, it shall
be lawful for such commissioner, supeiin-
intenden., or supervisor, to apply TO
some justice Of The peace of the county
where the same may occur, who Shall
cause three householders to appear before
him, and the householdcrs so summoned,
after being sworn faithfully and impartial
ly to examine the ground which shall be
pointed out to them by the commissioner,
superintendent, or supervisor, shall assess
the damages which they shall believe such
owner Or owners will sustain, over and
above the additional value which such
lands will derive from the construction of
such road, and make two written reports
signed by a! least a majority Of them, one
of which they shall give TO the commits
sioner, superintendent, or supervisor re-
guessing the view, and the other 10 the
opposite party, which award or assess
ment of damages, shall as well where the
amount shall be agreed upon by the par
ties without applying TO a ustlcc Of the
peace, be laid before the county commits.
sioners court for consideration, who shall
examine the matter, and should they de-
eide the amount of damages is not unrca-
sonable, or more than should be given,
and that the opening and improving the
road is called for by the public interest,
and the finances of the county will jus,i-
fly, they, in that case, will approve and
accept the award, and order the money to
be paid, and the same being paid, the
commissioner, superintendent, or super
visor, shall proceed to open and construct
said road, which proceedings being recor-
died in the commissioners court, the right
of way shall be thereby secured Provid-
Ell, That the corporation, company, own
or, or owners of the land shall have the
right to appeal from the decision of the
commissioners court to the circuil court,
and the case shall be acted upon in such
manner as the court may determine, with
Il view to Justice, and the establishment
of the road, and shall make such order
therein as may seem right and just, which
decision shall be final. The provisions
of this section shall extend to a cart-w
as contemplated in the 18th section of.
this act, viewers appointed to be sworn,
report to be made, the damages TO be paid
by the individuals desiring the cart-way,
to be confirmed by the commissioners
court, and either party may appeal to the
circuit court, where, .he case being fully |
heard, such judgment or order shall be
made thereon as the court shall deem
right, and which shall he final deci-
sion.
Sec. 81. Supervisors are hereby au-
thorized to bring suits before any Justice
of the peace Of the county, to recover any
and all sums due for road labor, road tax,
fines and lorleitures imposed by this act,
which are intended to come into the hands
OF such supervisors for road purposes, and
to collect, disburse, and account for the
same, suing in the name of the county
commissioners, in their official capacity.
SEC. 81. Any supervisor who neglects
to keep the roads in his district in good
repair, agreeably to the provisions of this
act, or fails 10 perform any other duty
herein required, shall be liable to indict-
ment, aud on conviction thereof, shall be
fined in sum not less than five dollars,
and not exceeding fifty dollars, to be ca
pended on some road within the district
of said supervisor.
SEC. 49, The clerk of the commissions
ers court, in each county, shsll, at each
term OF the circuit court, make out and
furnish the grand jury with list of the
names of all supervisors in the county,
with the date at which they were APP
pointed.
SEC. 3D. Sherilis and clerks olthe coun-
~ commissioners courts shall be allowed
u fair and reasonable compensation for
dischargng the duties required of them
by this act, 10 be paid out of the county
treasury, on the allowance and order of
the county commissioners courts respect
lively.
SEC. 80. That al. laws heretofore pas
sed, and now in force, upon the subject
of state and county roads, be, and the
same are hereby repealed; but rights
acquired, or liabilities incurred thereby,
are not hereby affected: Prouided, That
nothing herein contained shall be con-
strued SO as to operate as repeal of the
act, entitled San act concerning the right
of way, and for other purposes, approved
February twenty-eighlh. one thousand |