Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1843-05-09

SEC. 8. Every such appraisement, re-
lease or agreemen: shall be signed by such
commissioners, and filed in the clerks Of
fee as aforesaid; and such agreement or
release, shall forever preclude such owner
from all further claim for such damages.
SEC. 10. If any person through whose
land such road or highway is located, shall
consider himself aggrieved by such apprai-
sal or assessment Of the damages Of such
road by the commss toner's, he NAV apply
to a justice Of the peace within thirty days
thereafter, who shall upon such application
issue precept to some constable Of an ad-
! Joining town, neither interested, nor of kin
10 any person interested in the land through
which said road is laid, directing him to
summon six disintcrcsted freeholders of the
town where such constable shall reside,
and not Of kin to the owner OF such land,
TO reassess the damages sustained by the
laying of such road; and the said Justice
shall therein specify the time aud place, at
which the said freeholders or jury shall
meet; Provided, however, that such justice
shall not be authorized to issue such pre-
cept, until such applicant shall give TO the
commissioners OF highways, good and sul-
fclent bonds and security, with one or more
suretios to be approved by such justice,
conditioned to pay all costs arising from
such appeal and reassessment Of damages,
in case the jury should not award larger
amount Of damages that was appraised by
the commissioners Of high ways.
SEC. IL. Upon such iories appearing the
justice Of the peace shall draw, by lot from
the names ofthe persons attending TO serve
as a Jury, and the first four of the persons
drawn, who shall be free from all legal ez
ceptionS, shall be the JURY to assess the
said damages.
SEC. IL. In all cases Of the assessment
Of such damages, the persons or jury by
Whcrn the assessment is to be made, shall
view and examine 'he premises if required,
or they deem it proper, and hear testimony
il necessary. having been previously sworn
faithfully and mpaniaIly to discharge their
duty, and shall make return Of their assess
ment, under their hands TO the Justice afore-
said
SEC. l3. IF the award OF the said jury
shall not exceed the asse ssment Of the COM
missioners Of highways the applicant or ap-
ptcants for such jury shall pay all costs,
but il the award shall exceed The said as
sefsment Of the COMMISSIONER the amount
Of damages as finally settled by the jury,
or as assessed by the commissioners as
herein before provided. together with the
charges of the commissioners Of highways
or OF the jury as the case may be. and the
expenses Of other persons and officers en-
p0yod IN making the survey or the assess
mant, shall be levied and collected in the
town within which the highway shall be
situated, and shall be paid by order Of the
commissioners of highways to the several
persons to whom the same shall Of right
belong; the same having been previously
audited and allowed as other town &C.
counts.
SEC. IA. The commissioners of high
ways shall also have authority to alter and
discontinue any town roads, ard shall pro-
coed in all respects agrceably 10 the fore
going provisions for laying out new roads
and shall make returns in like manner to
the town clerk.
SEC. Is. When any person shall be the
|, owner Of any land over which any highway
shall run, and such highway shall be discon.
tinued IN whole cor in part, by reason Of some
other road to be established. and laid ou
under this chapter, through the land Of the
same person. the persons who shall asses:
the damages shall take into calculation the
value Of the road so discontinued and the
benefit resulting to such person by reason
Of such discontnuance. and shal9 daduc
the same from the damages assessed, fol
,, the opening and laying Of such road, anC
thercupon the owner Of the land NAV en-.
close so much Of the highway so dscon
t.nued as shall belong to him.
; SEC. l6. Whenever n disagreement
, shall take place between the commissioners
and the owner or owners Of anv land sc
taken and used, the same provisions shall
: apply as are provided for in the assess
ment Of damages when new roads are laid
out.
Sec. II. Whenever il shall become ne.
cessary TO have a highway upon the line
between two towns, such highway shall be
laid OFT by two or more Of the commission.
ers Of highways Of each of said towns, eli.
Their upon such line or as near thereto, as
the convenience Of the ground will admit
and they may also vary the same either Il
the one side or other Of such line as they
may think proper.
Sec. Is. When the commissioners OF
highways of any town shall disagree with
, the commissioners Of any other town ia
the same county. relating TO the laying GU
Of new road, or the alteration OF an ole
road, extending into both towns: or when
the commissioners of town in one coun.
~ disagree relative to the laying out new
road, and the altering of an old road which
shall extend in both counties, the commits
stoners of both towns shall meet together
at the request Of either dsagreeaing com
+, missloners and make their determination
L unon such subject Of disa greement.