The Placer herald., 1860-12-29


with the law in any essential respect, the Boar
OF Commissioners may set aside the report an
order another vi;w to be had, the same in oil n
spects as th OF gh no view had been had prOvided
further, that when road is proposed to be lai
out through two or more road districts, the Boar
OF Commissioners in said districts shall uct con
jointly in appointing said Viewers and in layin
out said road
Sec. IL. The Board of Commissioners shall
cause three or more notices to be posted in thc
most public places in the vicinity OF the PROPOSED
road, at least ten days prior to the time appoint
ed for the meeting of the Viewers, stating tht
point OF beginning, course, and terminus, of tn,
proposed road; also. the names of the owners
when known. over whose lands the same will pass
and the day on which the Viewers will assemble
to view and mark out the line of the same.
SEC, II. The Board shall notify the owner!
of the land, when known, over which is proposed
to construct said road, of the time and place O
meeting Of such Viewers either personally OF
by having such notice served on them or left al
their usual place of abode, or by letter placed il
some pCst-Ofice in the county, directed to such
person or persons. respectively at the nearest
post-oflce to his order, or their residence or resi-
denccs.
Sec l3 In case the Viewers report against
laying out the proposed road the Board of Com
mssloners may refuse to lay out the road and the
same does not pass through any incosed, improv-
ed, or occupied lands they may. by IN order to
be filed with the County Clerk, lay out the same
if they shall deem it proper to do so.
SEC. IA. In case the Viewers report in favor
OF paying damages to any person or persons in
consequence of laying out any road, and the
Board of Commissioners, on the part Of the dis
trict or districts in which such road is laid, are
satisfied that such damages are just and reason
able and the party or parties claiming damages
are willing to accept the same in full satstuctio
of such damages, the Board shall order such dam
ages to be paid out of the Road Fund belonging
to said district districts, in proportion to the
amount Of damages assessed in each district, res
pectively, taking of the party or parties receipt
in fall for such damages, and proceed to declare
the road a public highway, as provided in sec
tion thirteen of this act.
Sec. Is. In case the Board of Commissioners
on the part of the county, or the person or per-
sons claiming damages, shall be dissatisfied with
the amount of damages allowed by the Viewers.
the Board shall appoint an arbitration, to consist
of three persons, tax payers OF the county, and
disnterested in the proposed road who shall, on
IL day to be named by the Board, 60 upon the
ground and personally examine the line of the
proposed road, and hear any witnesses that may
be offered respecting the value Of the land
through which the road will pass, and the DANA
ges that will be sustained by any party or par
ties in consequence of laying out the same, and
shall, within reasonable time, report to the
Board, in writing, the amouut of damages that
will be sus aimed from any party or parties. sew
orally which report shall be in writing, and sign
ed by at least two of the said Arbitrators, and
the damages so allowed shall be ordered paid by
the Board of Commissi( ners, and shall be final
in the premises.
Sec l6. In Use any person or persons claim
ing damages, in consequence of the laying out Of
any highway through his, her, or their lands,
shall fail to present such claim to the Board of
Commissioners. within thirty days after the time
appointed for the meeting OF the Viewers they
shall be forever barred from collecting such
claim for damages, unless damages were report
ed by the Viewers in favor of such person or
persons failed to receive notice of the action of
the Board of Commissioners in the premises, or
were under some legal disability to prevent such
claims for DANA gcs; and no claim for damages
shall be allowed in any case, unless presented
within six months from the time of the meeting
of the Viewers. In case any proposed road shall
pass through any improved occupied, or cultiva-
ted land, and the party or parties owning the
same shall fail to present claim for damages.
or to give to the right of way through such
land to the county. the Board shall not declare
such road public highway udtil the expiration
of the thirty days aforesaid.
Sec II. Viewers of Highways and Arbitra-
tors appointed by the Board Of Commissioners
uUucT Tue prov lSIOUS vi tulS lOI
damages. shall have power to administer oaths to
witnesses, thai may come before them, in their
capacity of Viewers and ArbitratOrs
Sec. Is. LII case the Arbitrators shall report
in favor of greater amount of damages than
allowed by the Viewers, the expenses of the
Arbtrators, not exceeding three dollars per day
each, shall be paid out of the Road Fund of
said district or districts, but in oil other cases
they shall be paid by the party claiming DANA
ges
SEC 49, Viewers shall be paid out of the
Road Fund in the district or districts in which
such load or roads. not exceeding three dollars
per day EACH days service actually rendered.
SEC. 20. In assessing damages Viewers and
Arbitrators shall always take into consideration
the advantage the proposed road will be to the
party or parties claiming damages.
Sec. 2l. The petition for the discontinuance
of o public or private road, and the proceedings
under it, shall be the same as in cases of laying
out new roads, up to the finding of the report be
against the discontinuance of such road. the
Board of Commissioners shall refuse to discon-
tinue the slme; but if the report be in favor Of
dscontinuing the road. the Commissioners may,
in their discretion, by an order to be filed with
the County Clerk, discontinue such road.
Sec. 22 All public highways hereafter laid
out shall be of the width of sixty-fve feet
SEC. 23 All duties enjoned on the board OF
road commissioners unded this act may be per-
formed at the annual meeting of said board, or
at special meetings which majority of said
board or boards may call at such zines as they
may deem necessary; and for all services render
ed under the provisions of this act, they shall re-
ceive the sum of twenty-five dollars per annum,
each, and said sum SHALL in all cases, be paid out
of the road fund of the district of which such
board are commissioners
SEC. 23. All duties enjoined upon the Board
of Road Commissioners under this act, may be
performed at the annual meeting of said Board,
or at special meetings, which majority of said
Board or Boards may call at such times as they
may deem necessary; and for all services rem
dered under the provisions of this, they shall re-
ceve the sum of twenty-five dollrrs per annum,
each, and said sum shall, in all cases. be paid out
of the Road Fund of the district of which such
Board are Commissioners.
Sec a. Private roads may be laid out in the
same manner as public roads. except the expenses
of laying out the same; and the damages to be
i AZ :s..e fo-I I,o,