The Placer herald., 1862-09-13

each District respectively taking of the D ,rty or
pal ties II receipt in full for snch damages and
proceed to declare the said road or trail public
highway, us provided in section thirteen of this
Act.
SEC Is. In case the Commits iOner. on the D ,rt
! Of the county or the person or persons claiming
damages. shall be dissatisfied with the amount Of
damages allowed by the View RS. the Commits
soner shall appoint an arb tration. to consist of
three persons. taxpayers Oi the county. and dis
Interested in ihe proposed road or trail, and hear
any witnesses that may lie offered respecting the
value o the land through viii n the roal or trail
will pass, and the damages that will he sustained
by any party or parties in consequence OF laying
ont the same. AMI SHALL within ten days thereafter
rep 'rt to the Commissioner. in writing. the
amoun of damages that will be sustained from
any party or parties sevcrly which report 81 I'll
he signed b. at least two of said arpratOrs. and
the damages so allowel sh I'll be ordered p lid by
| the Commissioning; pr0uidrd that in any
person or persons. claiming ma Ies. shall be
'iiss tiSi al with the am III 1T allowed him or them
by the ar'lr,tor1. he my, within ten days after
the aw Ird is lle by the arbltrttors. give notice
| To the Commissioner tn It he is dissatisfied ther-
with. and the Commissioner. if diSs.,tsli ii. my.
within the s,mt time. give such notice to the
claimant. Upon such notice the Commissioner
shall certify tn 'ir proc ngs, AMI tn. award. to
any Court OF competent jurisdiction. IN the ling
of the p,pers shall give the Court jurisdiction
Of the cause rs fully as the commencement OF
suit Ivy original process and shall auhorlz" the
Court to emp,nrl u jury, who shall assess the
damages to b. piid tn. claim mt The cause
shall br entered upon the records Of tn" Court.
the party giving notice. beng plaintiff. the other
party. defendant. and the proceedings 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 e parties
have agreed and consented to the award, and the
Commissioner, upon payment of the stm", or upon
payment of damages assessed by the COnrt. is tu-
| thorizrd and empowered to enter upon the pre-
misses and declare the same public highway.
SEC l6. In case 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 Commits
! sonrr within thirty days after the time appoint
ed for the meeting OF the Viewers. they shall he
forever ba' red from collecting such claim for
damages unless damages were reported by the
Viewers, in favor Of such person or persons. or
their predecessors, in interest or unless it shall
appear that such person or persons failed to re-
| ccive notice of the action Of the Commissioner
| in the premises, were under some legal dis
| ability TO present such cltim for images, and
no claim for damages shall ne allowed in amy
case unless presented within six mont from the
time of the me ting OF the Viewers. In case amy
proposed road shall pass through any improved.
occupied or cultivated land, and the party or
parties owning the same shall fail to prese a
claim for damages, or give the right OF way
through such land to tho county. the Commission
er shall not declare such rotd public highway
until the expiration of the thirty days aforesaid
SEC. II. Viewers Of highways and arbitrators.
appointed by the Commissioner under the prOvi-
sions Of this Act for determining damages, shall
have power to administer o,ths to witnesses that
may come before them, in their capacity us View
and arbrators
SEC. Is. In case the arbitrtors shall report in
favor OF greater amount Of dim,geS hn al
lowed ny The View, rs. the eXprlsrs OF the arb-
traitors, not exceeding three dollars each. shall he
paid out of the Road Funl OF said District or Dis
tlcls; but in all oth"r cases. they shall be paid by
the p .rty cl,imin. dlmag's.
SEC. 10. Viewers an arlators shall be paid
out OF the Road Fund belonging to the District
or Districts in VIII CHI such ru,'s or trails are aid
cut. not exceeding three dollars prd,y each, lor
each days service actually rendered.
SIC 20 In assessing dim ,grs, Viewers and
arhiiIatorS shall always take into C cpnsiderttion
the advant ge the proposed road will he to the
party or parties claiming images
SEC 2l. The petition of the discontinuance Of
IL public or private road. and the proceedings
unier it. shall he the same in cases OF laying
out new roads. Up to The finding ui the report
of the Viewers. which sh Ill he in favor or against
the iscontinuance Of such road. the Commission
shall refuse TO discontinue the same; but If h"
report he in ti'vor OF disconinning the rotd. the
Commissioner may, by an order TO be filed with
the County Clerk. discontinue such road.
SIC %. All public highways in the County OF
Placer heretofore laid out shall be III least sixty
iv" feet in width; provided that the Commissions
or may establish II less width for all public trails,
aud al-o for all public highways which are less
than one mile in length and within his District.
SEC %. The compensation oi the Road Com
missioners of each District shall he ascertancd
and aid as follows: IT each regular meeting OF
| the Board OF Supervisors of said county the Com
missioner shall make ont. and present TO said
! Board. Il sworn statement. showing the number OF
days he has actually devoted TO the labor OF re-
pairing roads and bridges. in his District, and in
the discharge of other duties imposed upon b m
by this act; the number Of persons mploycd by
ham in making such rep ils. il any. al'i the num-
Der ol days each has worked. with the price neccs-
sary TO he paid to each, To procure his services;
and the actual cost OF any material used III I'll h
repairs, and its ch r.ctcr. The statement shall
hr verified hy the atii iavt Of the Commissioner.
that it il true and orrect in every particular;
that the Persons employed did. during the time
stated per Orm the usual and customary amount
Of labor Zach day. OF an able bodied min; a'Il
that the price charged Tor each laborcr per day.
| is not more than such llbOrcr cuul,l have obtain
ed from other persons for similar work. ut the
time and place where il was done.
SEC. n Such statement, when duly verified
and presented to the Bo 'rd of Supervisors shall
be primL ttcie evidence that the contents are
true and the charges just and proper; and il
|
| to the Road Commissioner. tn sum OF four dollars
per day, for each days service of himself and The
amount paid. or to be paid, by him tor Labor
hired and m.terial purchased, AS shown by his
statement 1t shall be the duty Of the Auditor Of
said county to draw his warrant on the District
Road Fund. of the Commissioners District, for
the amount so allowed. iu favor OF the Commits
sioner; and the County Treasurer OF said county
shall pay the same from the proper District
Road tund, on presentation.
SEC. rs. Private roads may be laid out in the
same manner as public roads. ex ept the expenses
oil laying out the same, and the damage TO be
paid in cons quence. thereof, if any, shall be
borne and paid by the parties petitioning for the
same. The width OF private roads shall not ex-
ceed forty feet All private roads shall be open
ed and kept in repair by the parties for whose
benefit the same were laid out; and such parties
shall Cause good and substantial gates to be erect
ed. and kept in repair across said road where it
shall p'ss through any fence that may surround
l:xte