St. Charles City Republican intelligencer. [volume] (St. Charles City [Charles City], Iowa) 1857-1861, 1858-06-17

ing in said return the distance the same NAV
have been laid out in each county and wheth-
Ell in their opinion the public convenience re-
quires the establishment of said road or any
part thereof. One complete copy Of which re-
turn shall be signed by majority Of the com
lnissioners and surveyor, and Immediately de-
posted in the office of the county Judge of
each county, in which any part OF said road
shall he laid out, and the Judge of the said
county shall file the same in his office.
| >. In case the commissioners report in
iaVor OF the establishment oi such road. the
county court OF the respective counties shall
III thei. next regular term after the filing of
Sald report, cause notice thereof to be pub
lishcd in one or more newspapers published in
the county, or having a general circulation
therein, for six consecutive weeks before the
Term at which the matter will be heard, mott
flying all the parties interested in the establish
ment of the same, that the respective county
courts OF the said counties will hear the parties
In favor OF, or against the establishment of
said road, and the application for damages |
OF any person on account of the location of |
said road through his or their lands Prov- |
died. further, that written notices posted in |
one OF more Ct the most public places near the |
llne OF said road in each township through |
winch the road may pass and one such on the |
doof Of the court house of said county shall |
be given in all cases of publication under this
act where no newspaper is established within
the county.
y. II any person or persons shall Consid
CT themselves aggricved bv the location of said |
road through his or their lands. such person
or persons shall lille with the county Judge OF
the proper county petition in writing setting
forth the premises on which they claim DANA
ges before the term of court designated in the
publication of the notice provided in the pre-
cc'iinG section and said iuds shall appoint
lJury Of three disintcrcstcd frceholders of the |
county, whose duty il shall be, after having |
| taken an oath or affirmation to faithfully and
impartially discharge the duties imposed upon
them 10y this act. to proceed to view the said |
road the entire distance the same may have !
been located through the premises of The com
plainant, or complainants, and of minors, idi- |
OTIS lunatcs, or insane persons, to assess the !
compensation to be paid in money for the
property sought to be appropriated without
regard to the benefits resulting from the loCa- |
tion Of said road, and they shall report to the
next regular term of said court their doings !
in the premises. setting forth the amount oi
damages by them adjudgcd due TO each per |
son or c"mpany's land 81 damaged.
s 10. If the county court shall be satisfied
the amount so assessed and determined by the |
l. jury aforesaid be jnst and equitable, and that
said road or any part thereof will in their |
opinion hc of sufficient importance to the pub |
county, they shall order the sunc to be paid
| the petitioner from the county treasurer, but
il in their opinion the said road is not Of SIliii
Cicnt Importance TO the public to Justify the
payment Of the same hy the county. they
NAV refuse to establish the same II public
| highway unless the damages and expenses
are paid by the petitioners. Bat il thete be no
application of damages, on the damages are
| paid by the county or petitioners. then and
| i'm lit her th. shall establish the
same a public highway, and record the same
i'll the proper record.
| II. al,e fyifu~fug iwr-,nIn required to
render service under this act shall receive com
pcnsation for each day they shall necessarily
be employed as follows, to wit: Commission
ers two dollars per day; the Surveyor three
dollars and chain carriers, markers and other
assistants, one dollar and fifty cents each, to
be charged as costs and expenses, and such
costs and expenses when so adiudge,l, shall be
paid by the several counties in proportion to
the length of time occupied on snch road in
each county
Sl2 An appeal from the final decision of
the county court on any petition fnr damages
sustained by the location of any State road as
provided bv this act, shall be allowed to the
District Court of the county in which the land
lies but notice must be given Of such appeal
within twenty days after said decision was
made, and no appeal shall be allowed until the
appellant shall have filed a bond with sufficient
security approved by the county Judge for the
payment of all costs ocGasioned 10y such appeal
in case he does not obtained better or more
favorable Judgment in said court than he OBJ
tanned of the county court, and the county
Judge shall within ten days from the time
such appeal was taken, deliver To said court
a full transcript of all proceedings had h.f' It
the county court and on the receipt of such
transcript the court or clerk shall notify four
of the petitioners whose names appear first up
on the petition asking said road that can be
found in the county. and such notices may be
served in the same manner as notices ot appeal
Il in other cases. and in such suits the appellant
shall he plaintiff and if the county court has
ordered the damages to be from the county
treasury, then the county shall be defendant
il not then the four petitioners above mention
ed shall be defendants and the final decisio
J. of said court shall he certified to the county
Judge and by him recorded, which decision
y shall be final except rs hereinafter provided.
Is Sl3. In all cases OF appeal from the tina
c decision of the county court, us provided il
the twelfth section of this act, the appellant
II or appellants shall pay all costs that may nc
j. crue in consequence of said appeal, unless TIN
l. Judgment in the District Court shall exceed IL
amount the award rendered 10y the jury op
" pointed 10y the county court.
y S1i If upon the reception Of the decision
y obtained in the District Court, the count.
Ill court shall not deem such road OF sutfcien
e importance to cause the expenses incurred am
1T damages assessed in the District Court to b
paid the county, he may refuse to estthlis
~ the same unless the parties interested IN tn
nc location of said road shall pay or cause to b
III paid before the opening of said road, tn tn
'o satisfaction of the county court in case sai
ty read is established a highway, all expenses in
ty CURED and damages assessed Provided, how
n ever, it shall be lawful for the county cour'
IN ii in their opinion part only oi said road WI
sc he OF public utility, to record and estaolis
such useful part aud reject the residue, IN cas-
nd it be capable OF division
ch SIS In case such expenses and damages al
he paid or secured to be paid as aforesaid, OF Il
d, county court order the same to he pad out
an the county treasury. then and III either ca.
W he shall enter an order that said road.te
IL established public highway.
at l6. For their services required ly u
he twelfth and thirteenth sections OF this ac
SUI the officers and other persons required TO pc
be- form services shall each he entitled to the san
ur- fees as they entitled to 10y law Tor IKE Sc
ler vices in other cases, 10 be taxed in the bill
lis costs ia court ..
re- SIT. II shall he lawful for the county cou
on of any county in this state on notice given
en- one or more newspapers in general cifcuitti
Ike in the county for four consecutive weehs, al
ties and on petition being presented to the G"uli
court signed by at least twelve frccholders
out of the county for lessenng or reducing t
, of width of any State road which now is or he'
al after NAV be laid out and established, ii
i'm court shall deem just and proper SO to do,
md reduce the width of any such road or ?;
a,s thereof, to any width not less than thirty-th
lble feet, and shall make record oi the sai
ned Provided That the county court sha'i' p
feet vious to making an order lesscnins or fe'
laid cling the width OF any State road as proyi'
ltal by this section, appoint three disiiiteres
S to citizens of the county to view and report
or them under oath or affirmation, and at the
the pense Of the petitioners, as TO the utiity or
utility of such proposed change, and also
lay width which in their opinion is necessary.
ause : Is. The time for laying out anu estiot
rked ing State roads provided Tor by speciai ae
an the Sixth General Assembly, Is hefepy