The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-04-01

may be asesrtAined by the agreement Of the
owners and the supervisors, and unless such
agreement be made or the owners Ahall In
writing, release all claim " damages, the same
shall be assessed In the manner hereinafter pre-
soribed before such road shall be opened, or work
| ed or used. Every agreement and release shall be
filed in the town clerks Office, and shall forever
| preclude such owners of such landa from oil
further claim for such damages. In case the
supervisors and the owners Of land claiming
damases cannot agree, II shall be the duty Of
the supervisors to assess the damages At what
! they NAV deem lust and right to cath tndividu-
| nj claimant with whom they cannot agree,
| and deposit q statement OF the amount OF daul'
! ages so assessed 20 each individual, with the
town clerk, who shall note the time OF filling
the same. 1t shall bs the duty Of the sapervl'
sors, in all cases OF assessing damages, to esti
! mate the adv antages and benefits the new road,
or alteration OF an old one will confer on the
claimants for the same, as well rs the disad'
vantages.
SEQ. Z ANY person OF persons. being
owners of or agents fur amy tract OF land over
which any highway. altered, discontinued
OF laid oat. shall run. feeling themselves
aggricyed by any order made by the super
visors may appeal from the same at any
time within thirty days after the filing of
such order in the town clerk : office. Such
appeal shall note the time such order WAS
filed, and shall be made to any three mem
bers of the board of county supervisors, nei-
ther of whom shall I've n resident OF the
town in which such highway is situated.
All persons who wish TO make an appeal
from such order, shall act in concert and
make their appeal to the same three super
| Nisors
SEC. 3 Every such appeal shall be in
writing, addressed a. the supervisors and
| -. l,,t "A, 81. tpN
r. --ksllsalsAy.,..as-t hs- yy,,.,sAl W ahish
IL is made, and whether it is brought in re
lation 10 damages assessed by the supcrvis.
ors or In relation 10 the alteration, disoon-
tinuance or laying out OF the road, or
whether it i, brought to reverse entirely the
determination OF the supervisors, or only Ia
reverse u part thereof; and in the latter case
II shall specify what part. The appeal shall
lie left with one ot the three county super.
visors, by the person or persons appealing
and such person or persons shall also leave
a notice Of such appeal 10 the other county
supervisors to whom the appeal is made.
II shalt be- III" duty of IL. super ssfs IN whom
he espnaa"n Of miriy day. he nllhs the order
u. The lowu clerks Once IRON s,h the aPpsa made.
,doT the which shall be al sonc place deemed
oouyenien, nj or near ths road to b. examined
shall cause a no,iee Ia ~nans Of The um. aai place
agreed on by the tres commissioners when and where
they meet obe served each oil the town sap"rsi
surs irom whose order they appealed. and also on
least three OF petitioners Who peiiionsd IN relation 10
sIcbtoai which notice shall b." served Al least s'ghi
before III. time named therein BY dslssfng one 10
each Town super ,lsor or st'Iils one az .Aoh ~ I.,m
dscIngs AMI Ia nae D, amer ANAL noec De served o"
hso. u. d shall br ,hs day the county CONN ss'm'
crs " cduy enc al time .nd place pin~d Ia The
uce and 10 hear The pri. aud scgatnn- Of the pAiurs
all have power to issue process To compel hr al
tendance Of wraesse., and may atoarh from time 10
tme asmh, De necessary ih'I ireis"s ~ iaAi OF an!
Two vi them shall embrace hs Sb0.e matter IN cunsr1
,ersy. They shall first consider the pfsprety and ctpc
densy OF ,oealhs altering ~ d."S.He,a1'ns u'e ROAD
embraced de .pprAI under winch theS seuDg ani
iry ,haii us on the amount II damages which Ia bcf
aSSs ba No person shalt be eniiGei 70 r. s.sess
meat .! daniasos unie.. II, "a r name 'ppra's IA ne
$50 IL LSery sucs .sysi,i.s shall be raut,od re
ave th dollars e.rh day employed In hearing And
'ss -sss NJ r k sx ne s s'.S:
ssc ~ tpsa s.. q s , 'Ss
sher dscon az lay our any ne" road p''uoned pr
.abrs, .. The .as
suiotlops relate. to pst-o. 80" i"ei hraseI'es az
griased 10y determination of 'iie supervisors 10 alter
SOC u. When sn apes. shall have been made from
the determination 81 ne towh t.isbs 20 "a!
SOS .nal reverse such doi.rpas ION such counts
efy,sorA shall sitter discontinue ~ lay cut The iosh AZ
pucd Tor bs cass may be" and M doug 80 sba pf-
cerd IN the mAnDsrln wheh sapsryisi are 'nct
"a proceed IN ts cSsss sneh road. .si BE- olcnea
4 hy
Sc Is Ia s.ss any one Of DE coa.ty supervisors
whom such apply sI,s shah haze been male st.l be
com. unabe 10 anssd before hs ds;sfniaat,n Of each
appeal, u shall be hs au'y w We s1peIilsy,s hAnel
ne reiu select snossr Of The sl.rFAFso me county
wbo shall act with them All Subsequent proc"sings 10
The same fh1 hal been originally h%' In the
Appeal In case ibe Of Office OF any County super
y.,r shall spire before dsefminaios II sarh Az
peal he shall continue y se 10 10" premises he same a.
s.c h HE amount Of damages finally se,lsd by
The three county .upsrvpsos az sasr.na "h bs tos Iowa
other persons employed In laying out ~ dsc'an"hs AZ,
ro.a shall D. rendered y ne w.h Up 80 d.m.. .nd
charges dAs each nd dual vi fh accounts shan ~ AZ
med by .aid board certified IN aud dsposiisd win the
towucsrs The Town clerk shaH maize o1l ne assf"'
g.s srnsunl dsnsr.s sns charges. via IDS ea'
hea.s hereto a,..hed .ea dssf .ss san" &c e s
nu.l n.snns q lbs eoart Of eoa1i ..p,',..s..'
sc ,. as s rs M, ~. I . ."y pr
3. osiuioa II D. sS"a .ay.r'i., e.rs snaja.
ne pc Ssb as az hi aS ssaa he psy@s"
hereof oppressive Vii have 10 D. sT,sd 90 as pro
perry Of .sii town they nsy psis1n "a" bsrs % aoany
ru5nh- sn.r .sc d,cl.Iop for reIsf si'b"r fro" he
hoIe OF par Of De damages. The bosfa -. heA, tbe
ioy n %. shs D. I" OpinFn ,hsi ih- bl~s ss'1ld es
relieved from ne hole aD,o1s ~ manages a~n s@d "
Ia esss ,hs opening u ssI road shat 3. posiposrd
nnal tn" dAuagrs ." msIor psrt ''re"i ~" W ss's
,sr,y q iss
80. IA. Whenever the supervisors III any
town shall disagree with the supervisors Of
any other town ~ the same county Or ~
another county. relating 10 the laying out
of q new Toal. OF the alteration ri al old
road. which shall extend into both u such
towns. the supervisors ~ both towns shall
meet together nj the request 81 either disa-
greeing supervisOrs. and make their decision
on the subject u Engagements
Sec. II Whenever the supervisors 81
any town receive petition praying the 10
cation oil a new ROAD. alteration OF diScoh.
tiuuanae of al old one, on the line betHeeb
two towns snS b road shall b. laid out. al
tired ~ discontinued bs two 80 more ~ the
SUPERVISOR Of essh al said tosnss either on
such libe or AZ neaf tbetctD a. ti,s convent
ence ~ the ground viii admit, and they
ursv so vary the SANE ei'her 10 the one aide
or the other Of Sy.h l.h. they may think
pr9IaT
ssc - II shall BE- the dgty ~ the sad
/ tsfwn saperyi.Jrs When ti.ers NAV b. such