Weekly Council Bluffs bugle. (Council Bluffs, Iowa) 1857-1860, 1858-06-23

I
Il tieabls route, alWays having regard &
4 suiEReie ground, improvements alrsaal
existing, ssesioR linas ard intsgnediasl
5 peinss, II any, and all Stats roads taal
; shall hereafter be established agreeable
. TO she pfoYiaions og this ael, shall b
2 opened and considered paA6s highwayl
: sixsy-six feek wide. PTeufds6, That "a
I road shalI be laid oat through aay Gar,
. den, Orchard or ornamental grounds,
contiguous to dwelling house, OF 20 q
: to cause the removal of any dwelling-
/ house or other building withoas tbs con-
. sent of ths oWnsF. bass ..s ... ... ..s
I. The commissioner appoinged 10
! lay out and establish any State road
, shall cause the #ams TO be correctly sur
! ysyed snd marked throagh tha whole
distance, and at Aach angle Of the sasna,
and note the corners and distances
! thereof, and Ut the crossing Of each road
OF stream, and At the sAd Of cash mile
shall mark the number thereof, on
tree or monumsnt erected by thea for
that purpoaa. And the commissioners
and surveyor o4 each read shali maka 3
aestided FeknKu of the survey md plat
| of the whols lsnKth Of said road speei-
firing il said return the distance Sic
same may have been laid out In each
county, and whsther in their opiRion the
public eonvsniRnee requires the sstab-
lishmsut Of said road, OF any part shsgs.
Of. One somplsts copy Of which rsiuru
shall be signed By 8 majority OF the
commissioners and surveyor, and immss
diatsIy deposited in the oEses Of the
County Judge Of each county in whieh
any part Of said road shall be laid cut,
and the Judge Of the said county shall
gle the same in his once.
5 8. La case the commissioners re-
port in favor Of ths sstablishmeat Of
such road, the county court Of the res
FeetiTs counties, Rhsll at their aexs reg
ulaF term after the fling Of said report
cause a notice thereof 10 be published in
one or more newspapers published in the
county, or having general circulation
/ therein, for six consecutive weeks be-
fore the term at which the matter will
be heard, notifying all The parties inter
ssted IN the establishment OF ths sans,
/ that the respective county courts Of the
/ said counties will hear The parties IN ia
voT OK or against the establishment al
said road, and the application for dam
| ages Of any psFsaa on account at the
| location Of said road through his or
their lands. Provided, further, that
written notices posted in one or more OF
I the most public places near the line Of
said road in each township Though
which the road may pass, and one such
/ on the door Of the court house of said
ounty shall be given in all qassz oE puh-
! licaGian under THE act where 40 neWspas-
! per is established within the county.
9. If any person or persons shall
consider themselves aggrieved By the 10
cation Of said road through his or their
lands, such person or persons shall Rie
with the county judge Of the proper
aunty q petition in writing setting forth
the premises ca which they claim dana
ges before the term Of court designated
in the pabliestiSn Of the notice provi-
ded ID the preceding section, and said
judge shall appoint jury Of three dis.
lEterestsd freeha alders Of the county,
whose duty il shall he, after having ia
ken an oath or Affirmation to faithfully
discharge the duties imposed upon them
By this act, to proceed to view the ssid
road, the entire distance the same may
have been located through the premises
! of the Goa mplaipaRs OK csmpiaiaantss aaa
Of minoVs, idiots, lun@tios or insane
persons, and 10 assess the compensation
TO be paid in money for the property
sought to be appropriated without regard
10 the benefits resulting FROM the loea-
tion Of said road, and they shall report
TO the neat regular terra Of said court
their dlings III the premises, setting
forth the amount Of damages by them
adjadged due 70 each person or compa-
ny, and the description Of such person
or company's land SO damaged.
5 10. II the county court shall be
uatigEe cd EkaE the amounG 90 assessed and
determined BY the jury aforesaid be jRss
and equitable, and that said road or any
part thereof will in their opinion be Of
sufficient Importance to the public to
j cause the damages to be paid by the
county, they shall order the saEas to he
paid the petitioner from the county
| treasury, but IL in their opinion the said
road is not of sufficient Importance TO
ths public 10 justify the payment af the
same by the county, they may refuse to
establish the same a public highway,
gnless the damages and expenses are
paid BY the petitioners, But If there
be no application fer damages, or the
dEmages are paid by the county or pssi-
| tioReFs, them and in either case the court
shall establish che same . pgbiis kigh-
way, and record the same ID che proper
record.
/ s IL. The iollowing persons Eeqsir-
| cd to render services under this ac& shall
receive compensation for each day they
shall necessarily be employed as fol-
lows, to-wit: Commissioners two dol.
lars per day, the Surveyor, three dol
| lara, and cAaiE carriers, marksrs and as
aistaats, one dollar and aEty eeuas each,
30 be charged % COSTS and expenses, aud
such costs and expenses when 50 adjadg-
ed, shall be paid By the several counties
in proportion to the length Of kirns oe-
oupied ON such road in each ooauty.
| } l2. An appeal from the fnAl deals
ions of the eoanty court on sny petition
| for ans petition for damages sustained
! by the location Of any State road IS
provided by this zes, shall be allowed
! 10 the District Court os the e0qAsy IN
which the land lies but notice must be
given Of saeh appeal within swsnty days
after said decision was made, and no
appeal shall be allowed until the gppal-
liant shall have alsd 8 bond with sulk-
eient security approved by the Ooaunsy
Judge foE the payment Of sill costs occa-
stoned By such appeal, in case hs doea
not obtain better OF more favorable
Judgment In said court than he obtained
Of che county court, and the County
Judge shalll within cen days from tho
time such appeal was taken, deliver 20
said oouTt full transcript Of all pro-
| esedings had before the county court,
and on ths receipt OF suah transcripts he
sougs or CLERK shall notify femE ef tho
petitioners whose names Gppaax hrst up-
On the petition asking said road, that
can be found In he county, and snch mo-
ticaa MAY be served In the gams gAMnmeF
as notices Of appeal In ekhsg eosas, cad
in sach saits the Appell lantshail be plain.
tiH, and II tha eosnsy soart has oTdsssa
the damages 70 be paid from the county
treasury, shsn the c0ansy shaHi be dsfem-
! dRnk, if a0k khaa the 1eue pe&isi0nazs
. above mamAinned shall BIO defendants,
. and the 6naI daefsisn az said Court ahall
D be ceFtiaed te ths sCwnsy Judge and hy
him recorded, whish dseisioa aAAal he
Rnal axespa - haEsinMEe3 provided.
. lA In All eases Of appeal from tbs
! | hmal decisions Of the eemmky court, "A
j provided In ths twelfth section 0a tigis
Aeas shs apualiAua or appellants shall
par all costs shat May aocrua IN epmas-
qaaase oa sale Appeal, unless the iudg.
; laens In Che District cours shall sxeead