Monongalia mirror. [volume] (Morgantown, Va. [W. Va.]) 1849-1855, 1853-04-09

oil cases. the said commissioners shal
report particularly the distance, grad
:. nation Of the road, kind Of ground
probable expense Of opening, alter
ing or repairing The same, the mum
Der ofbridges und causewnys Iha, ma!
be necessary, the kind, dimension
and expenses of erecting them, ant
as far as they are enable to do, .ht
claims of individuals to compensation
or damagcs. exhibiting the names o
such individuals, the dissenting ane
neutral, and also any other matter
they may deem pertinent. The sale
commissioners shall not be confined
to routes or alterations applied for
but shall be at liberty to examine
others, and report in favor Of any
which they may deem most eligible,
stating the reason for such preference
and furnishing the court in this, as in
all other cases whatever, map or dl'
agram of the routes or alterations ap.
piled for, examined and reported on.
Should no one of the commissioners
be q surveyor, they shall be at liberty
to procure one, whose compensation
shall not exceed one and a halfdollars
per tlay for the whole time in which
he shall be actually employed in ma
king the survey and diagram, to be
paid by the party on whose applica.
ton the commissioners acted, or by
the county court, if they acted upon
its order.
0. That upon the report Of the
said commissioners, Ito be made with
out delay,) if the court shall be Of
opinion that the road applied for will
Ire of general use and advantage, OF
is actually necessary for any freehoi'
der, they shall order summonses to
be issued to the proprietors and ten
ants of the lands through which the
same is proposed to be constructed,
if they be within the county, and i
not, then to their agents therein, (if
any they have, to shew cause why
such road should not be opened. Up.
on the return of which summons, if
any proprietor or tenant desire, the
said court shall order their clerk to
issue writ of ad quod damnum, to
he directed to the sheriff, command
ing him to summon and impanncl
twelve able and discreet freeholders
of tho vicinagc no way related to ell
ther party, to meet at some certain
place on the ground through which
the road is proposed to be construct.
ed, aud on certnin day, to be named
Thy the court and inserted in the same
witt, of which notice shall ho given
by the sheriff to the said proprietors,
tenants or agents, las before directed.)
if they were not present at the time
the order was made; which freehold.
ers shall be charged by the sheriff
imparrially & to the best of their skill
and judgment to view the lands
through which the said road is propo-
sed to be constructed, and say what
damage it will be to the several and
respective proprietors and tenants who
desire such writ, taking into csiima-
ton as well the use of the lands to he
laid open, the additional fencing which
| will thereby be rendered necessary,
as the benefits and advantages which
the said proprietors and tenants will
derive from the said road; and if the
said inquest cannot be completed in
one day, the sheriff shall adjourn the
said jurors from day to day till the
same be completed: which inquest,
sealed by the said jurors, togethe I
with the writ, shall be returned to nc
court, who thereupon, as we'll as upon
other evidence, shall proceed to con
sider whether (all tho circum stances
being weighcd) it be better that the
said road be opened; AMI if they be
of opinion that the SAME shall be
opened, they shall at their next coun'
ty levy put therein the damages SO
found aud the cost of such inquest
together with the, petitioners costs in
court. except the surveyors charges,
and direct them to be paid to those
respectively entitled thereto. Butt
they shall he of opinion that saidroat
ought not to l,e opened, all the cost
shall be adjudged against tho party
applying for the same. But it shal
not be lawful for the court to order t
road to 30 opened through any lot o
land in any town without the consen
of the owners or tenants thereof.
10. In estimating the private dams
yes arising from additional fencing, III
Jury shall consider and report wheihe
the damages could be lessened, and hoy
much, in case gate were allowable I
the party complaining, and allow ed b
the court 10 be erected on the road; an
the court shall have power to authoriz
q gate or gates to be put on such road
as they may deem proper andthe coul
may authorize & direct such roads 9
they may deem of merely private con
vpnience, to be opened and kept i
repair by theperson orpersons for who's
convenience they are desired.
II. That the county court sha