The Placer herald., 1862-01-25
rN III - The nrnliahle cost of construction.

Win Il Recommendation tlut tut Su'uc pI. VI NC
not, laid out and opened; prOrided, that if the
Viewers shall fail to comply with the law. in any
essential particular. the Board of Commissioners
may set aside the report and order another view
10 he had; prOojded. further that when road, or
trail is proposed to be laid out through two. or
more. road districts, the Board of Commission
crs in the districts shall act conjOnt y in appoint
ing said Viewers and in laying ont said road, or
trail.
SEC. H. The Board of Commissioners shall
cause three. or more. notices to be post in the
most public places in the vicinity of the propos-
ed road or trail, at least Ten days prior to the
time appointed for the meeting of the Viewers,
stating the point Of beginning. course, and tcrm-
nus, of the proposed road or trail; also. the
names of the owners. when known, over whose
land 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 owners of
the land: when known, over which is proposed to
construct the proposed road, or trail of the time
and place of meeting of such viewers. either
personally. or by having such notice served on
them. or left at their usual place of abode, or by
letter placed in some post office in the county.
directed to such person. or persons, respectively,
at the nearest post-offce to his, or their. resi-
dencc. or residences.
SEC. l3. In case the viewers report against
laying out the proposed road, or trail. the Board
OF Commissioners may refuse to lay out the same;
but if they shall report in favor OF the road. or
trail. and the same does not pass through any
inclosed, improved. or occupied lands, they may.
by an order be filed with the County Clerk OF
said county. lay out the same. ii they shall deem
proper so 10 do.
SEC II. In case the Viewers report in favor
of paying d;imag to any person. or persons, III
consequence of laying out ofany road. or trail.
and the Board of Commissioners, on the part of
the district or districts in which such road, or
Il
are just and reasonable and the party. or parties,
claiming damages, are willing to accept the same
in full satisfaction of such damages, the Board
shall order the amount to be paid out OF the
Road Fund belonging to the said district, or dis
trcts. in proportion to the amount Of damages
assessed in each district. respectively taking of
the party, or parties. receipt in full for such
damages and proceed to declare the said road.
or trail public highway, as provided in section
thirteen of this act.
SEC. Is In case the Board Of Commissioners,
on the part Of the county. or the person. OF per-
sons claiming DANA ges. shall he dissatisfied with
the amount of dam ges allowed by the viewers.
the Board shall appoint an arbitration, to con-
sst of three persons. tax payers OF the county
and dsintcrested in the proposed road. or ira |,
who shall on 4 day to be nalned by the Board. go
upon the ground aud personally examine the llne
of the proposed road or trail. and hear amy wit
nesse. that may be offered respecting the value o
pass and the DANA ges that will be sustained by
any party, or parties, in consequence Of laying
out tue same; and shall, within Ten days thcrcal
ter report 10 the Board. in writing. the amount OF
damages that will he sustained from any party.
or parties severaly, which report shall he slrncd
by at leas two OF said Arbiirators. and the dlm
ages 50 allowed shall be ordered paid by the
Board OF Commissioners: pr0rided, that in case
any person. or persons, claiming damages. shall
be dssat i>ticd with the amount allowed him, or
them, by the Arbitr,ors, he may, within ten
days after the award is made by the ArDitrators.
give notice to the Commissioners, that he is dis
satisfied Herewith; and the Commissioners. if
dissatisfied may, within the same time. give such
notice to the claimant. Upon such notice. the
Board Of Commissioners shall certify their pro-
ceedin9S and the award to any court OF competent
jurisdiction. and the filing OF the papers sh Ill
give the court jurisdiction OF the cause us fully
as the commencenc nj Of suit 10y original process.
and shall authorize the court to impanncl a jury,
who shall assess the damages to be paid the
The cause shall he entered on the rec
ords of the court, the party giving notice being
plaintiff, the other party defendant, and the pro
cecdings thereon shall thereafter be the same as
in other civil actions prosecuted in said court.
II notice OF dissatisfaction be not given within
the time above required. then it shall be deemed
that the parties have agreed and consenteI to the
award, and the Commissioners. upon payment of
the same. or upon payment o damages assessed
by the court. are authorized and empowered to
enter upon the premises aud declare the same
public highway.
SEC l6. In case any per-o or persons claim
ing damages, i'll consequence OF the laying out OF
any highway through his, her or their, lands;
shall fail to present such claim to the Board OF
within thirty days alter the time
appointed for the meeting OF the Viewers. they
shall be forever barre from collecting such cl5im
for damages unless damages were reported by
the viewers iii favor OF such person or persons,
or their preec in interest, or unless it shall
appear that such person or persons failed to re-
ceve notice Of the action OF the Board OF Com
nissioncrs in the premises, or were under some le-
cal disability to prevent such claim for damages;
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 cultivated land, and the party or
parties owning the same shall fail to present
claim for damages, Or give the right of way
through such land, TO the county. the Board SHALL
not declare such road public highway until the
expiration of the thirty days Aforesaid.
SEC. II, Viewers OF Highways and Arbtra-
tors, appointed by the Board OF Commissioners
under the privisions Of this act, for determining
damages, shall have power to administer oatbs TO
witnesses, that may come before ihCm in their
capacity rs viewers and arbitrItors.
SEC. Is. In case the ArDtratOrs shall report
in favor OF greater amount Of damages than al
lowed by the viewers, the expenses of the Arbi'
traitors. not exceeding three dollars each shall be
paid out of the road fund of said district or dis
ricts, but in all other they shall be paid by
the party claiming damages.
SEC 10. Viewers and Arbtrators shall be
paid out OF the Road Fund belonging TO the dis
trict. or districts in which such roads, or trails.
are laid out. not exceeding three dollars per day
each Tor each day 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 Or the discontinnance of u
public or private road, and the proceedings un
der it, shall be the same as in cases Of laying out
new roads, up to the finding of the report Of the
Viewers, which shall be in favor or against the