Democratic banner., 1845-02-15
Special road law for Pike, Lin
coin aud Montgomery cOun-
ties.

AN ACT 70, establishing and Keep
ing in repair roads and highway
in the counties Of Lincoln, PIX.
end Montgomery.
BE ii cnacted by the general asSembl,
IF tile state Of Missouri, as .tol
I. IouS:
5 l.. That all public roads an,
highways in the counties of Lincoln
Pike and Montgomery shall be eslab
llsled. opened and repaired agreea
bly, 10 the provisions OF this acl, an1
the county courts OF said countie:
shall have power and authority t.
make and enforce all orders, as vel
as TO establish and open new roads
$50 as to change or 'acate any es-
tahushed road or part thereof in said
counties.
s 2. Whenever it becomes nee
essary in order to make 4 new road,
or to establish an existing road.
which has not beenlawlully establish
ed, or the plat whereof has been lost
or is imperfect or uncertain. in any
important particular. The county
Court OF the proper county shnil up-
point not less than three nor more
than five commissioners, aud assign
a day and place for them to meet. a
copy Of whose appointment. under
the hand of the clerk, shall be serv.
ed on them ny the sheriff, as soon as
practicable after the expiration OF
the term at which it is made.
5 3. The said commissioners or
a majority Of them, shall therenron
call 10 their aid 4 surveyor. chain
carriers and such other assistants as
may be necessary, and proceed 10
view, survey, locate and mark Out
the road proposed or indicated in
their order Of appointment, end shall
locate The same on the most direct
and practicable route, having due re-
gard to the ground over which the
road may run. and as great regard to
the convenience Of individuals, US
may be consistent with the public IN
tcrt SIS.
s 4. The said commissioners II
a majorit, of them. before entering
upon the duties OF their office. shall
make and subscribe. before some
competent officer. an affidavit, faith
fully ard diligently to perform with
out favor or parriality the duties en-
joined upon them by this act, and the
order OF their appointment, which
a.Edavit shall be drawn IN blank. by
the clerk of the county court, and
sen, attached to the copy OF their or
der of appointment.
s 5. The commissioners, survey
crs and chain carriers, employed TN
der the M hori'y OF this act. shall re-
ceive such suitable compensation as
the county court may think proper
to allow, to be paid out OF the coun-
tv treasury, or the three per cent
fund OF the county.
5 6. The surveyor shall cause the
route fixed upon by the commission
ers to be correctly surveyed and
measured, and shall make out, under
the direction of the commissioners, a
correct plat of the route surveyed,
together with such Typographical IN
formation as may DC deemed lmpor-
,an,, which plat, together with a full
report Of their proceedings, shall he
filed by the commissioners in the
office Of the clerk Of the county
court, on or before the first day OF
the next term after their appoint.
ment.
) Z. The commissioners, appoint.
ed under this act for locating roads,
and highways, are authorized and re.
CURED 10 take Accomplishments, in VIII
ting, from all n of land, over
which the road may run. and such re,
linQuishment shall be acknowledged
or witnessed rs deeds for the convey
ance of land. are by law required tc
be, aud shall include a quantity o.
ground sufficient to make the road o.
the width required by the order o.
the court. and all such relInqulsh
men,s shall be taken to the county
s 8. In every case where Il re
Iinquishment Of the right of way i:
refused, or the owner Is minor oil
nonresident of the county, or can
no, be found therein by the commits
sioncrs at the time Of the review
they shall assess the damages, if any
which they may think will result &c
anv such proprietor of land through
which said road may run, taking into
consideration the advantages. as wei
as disadvantages Of said road. and re
por, to the county court, at their mex
term, the quantity and location o