The Placer herald., 1862-01-11
probable cost of construction.

not, laid out and opened; pr0rided that II 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
to be had: pr0oided, further, that when Il 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 in appoint
ing said Viewers and in laying out said road, or
trail.
SEC. II. 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 term-
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 postolice in the county.
directed to such person. or persons respectively,
at the nearest post-officc to his, or their. resi-
dence. or residences.
SEC. l3. In case the viewers report against
laying out the proposed road. or trail the Board
OF Commissioners may refuse 10 lay out the same:
but if they shall report in favor Of the road. or
trail. and the same does not pass through any
incoScd improved, or occupied. lands, they may,
by an order be filed with the County Clerk of
said county. lay out the same. if they shall deem
proper so TO do.
SEC. H. In case the Viewers report in favor
OF paying dymag to any person. or persons. in
consequence of laying out ofany road, or trail,
and the Board of Comm sSioneis. on the part of
the district, OF districts, in which such road. or
trail is laid OUT are satisfied that such damages
are just and reasonable, and the party. or parties,
claiming damages, are willing to accept the same
in full satislact ion Of such damages, the Board
shall order the amount TO he paid out OF the
Road Fund belonging to the said district or dis
tricts in proportion to the amount OF damages
assessed in each district, respectively, taking OF
the party, or parties. Il 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, or per
sons. claiming damag gts shall he dissatisfied With
the amount of damtg ges allowed hy the viewers,
the Board shall appoint an mbtIation TO con-
slst Of three pc s)ns. tax payers oil the county
AMI disintcrested in the proposed road. ira |.
who shall. on a day to be named by the Bolrl. 90
upon the ground and personally examine the line
OF the proposed road. or trail. and hear any wit
ncs-e> that may be offered respecting the value Of
the lAud throu h which the road. ur trail. viii
pass. and the dlmIges that will be sustained hy
any party. or parties, in consequence of hyiug
out tie same; and shall, within ten days therru
ter report 10 the Board. in writing, the amount OF
damages that will be sustained from any party.
or parties, severay which report shall be signed
by at leus two of s.tid ArptrItors. and the dam
ages so allowed shall be ordered paid by the
Board OF Commissioners; pr0rtded. that in case
any person. or persons. claiming damages, shall
be dissatisfied with the amount allowed him. or
them. by the ArbitrutOrs. he may, within ten
lays after the award Is made by the ArDtratOrs.
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-
ceedngs and the award to any court Of competent
Jurisdiction. and the filing Of the papers sh III
give the court jurisdiction OF the cause as fully
as the commencement of suit by or ginal process
and shall authorize the court to impanncl jury
who shall assess the dumIges 10 be pJid tlc
C aimant. The cause shall be entered on the rec
oris Of the court, the party giving nct.cc being
plaintiff, the other p -. defendant, and the pro
cccdings thereon shull thereafter be the same as
in other civil actions prosecuted in said court
If 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 Commis toner's, upon payment of
the same. or upon payment o. damages assessed
by the court. are authorized and empowered to
enter upon the premises and declare the same Il
public highway.
SEC. It, In case any person or persons claim
ing damages in consequence OF the laying out Of
any ighway through his, her, or their. lands;
shall fail to present such claim to the Board Of
within thirty days after the time
appointed for HE meeting OF the Viewers. they
shall be forever barre. from collecting such cl i'm
tor damages. unless damages were rlported by
the viewers. in favor Of such person or persons,
or their predecessors ia Interest or unless 1t shall
appear that such person or persons failed to re-
ccivc notice Of the action OF the Board OF Com
missioners in the premises, or were under some le-
gal disability TO prevent such claim for damages;
and no claim for damages shall be allowed i'll 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 la d, and the party or
parties owning the same, shall fail to present q
claim Tor damages, or give the right of way
through such land, to the county. the Board shall
not dt care such road u public highway until the
expiration of the thirty days aforesaid
SEC. Il, Viewers of Highways AMI Arbtra-
tors. appointed by the Board of Commissio ouers
under the privisions of this uct, for determining
damages, shall have power to administer oaths to
witnesses, that may come before them, in their
capacity as viewers and arbitrators.
SEC. is. In case the Arbitrators shall report
in favor OF greater amount ol damages than al
IoNcl ny the Nic"cIS' VIC cApCH0cN VI 'h' Nlpl
traitors. not exceeding three dollars each, shall be
paid out OF the road fund Of said district or dis
ricts, but in all other cases 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, districts, in which such roads, or trails,
are laid olt, not exceeding three dollars per day
each Tor each day service actually rendered
SEC 20. In assessing damages Viewers and
Arbtrator8 shall always take iuto consideration
the advantage the proposed road will be to the
party or parties claiming damages
SEC. 2l. The petition ior the discontinuance Of u
public or a private road, and the proceedings un
der it, shall be the same as in of laying out
new roads, up to the finding OF the report OF the
NinNnrs which shall be In ELXnr anninst the