The Placer herald., 1862-09-13

eucn DIStrlct rcSpecIlVPiV. taxing OF Inc ,lty
ptitle II receipt in full for snch damages. and
proceed to declare the said road or trail Il public
highway us provided in section thirteen of this
Act.
| SEC Is. In case the Commissioner. 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
sioner shall appoint an arb tration. to consist of
three persons. taxpayers OF the county, and dis
interested in the proposed road or trail, and hear
amy witnesses that may lie offered respecting the
value o the land through viii n the roa'l trail
will pass. and the damages that will he sustained
by any party or parties in consequence of laying
ont the SINE. 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, severally which report shall
he signed b. at least two Of said arIratOrs. and
the damages so allowel sh Ill be ordered lid by
the Com mSsionrr; pr0vidcd that in Case any
person or persons. claiming d ma yes. shall be
diss li>i al with the Am 'ult allowed him or them
ny the tr'ritor1, he mty, withil ten days after
the aw .r' is m .de by the arhitrtors. give notice
to the Commissioner tn It he is dissatisfied ther-
with. and the Commissioner. il ,iss,tsli ii. my.
within the same time. give such motto" to the
claimant Upon s;lch notice the Commissioner
shall certify tn 'ir proc ,e ngs. AMI tn. award. to
any Court o competent jurisdiction an the ling
Of the p.pers shall give the Court jurisdiction
OF the cause rs fully as the commencement OF
SHit ny OTlSllldl SIlll lIc
Court TO emptnrl jury, who shall assess the
d.,mages to b" p,id tn. claim mt The cause
shall BE- entered upon the records of the Court.
the party giving notice. being plaintiff. the other
party. defendant. and the procee dings thereon
shall thereafter be the same as in other civil
actions pros, cuted 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 Sam", or upon
payment of damages assessed by the Conrt. is au-
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, their, lands,
shall fail to present such claim to the Commis-
soner within thirty days after the time appoint
ed for the meeting of the Viewers. they shall he
forever la 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-
ccivc notice OF the action OF the Commissioner
in the premises, or were under some legal dis
ability to present such claim for images, and
no claim for damages shall ne allowed in any
case unless presented within six mont.s from the
time of the me ting 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 prese
cltliH lDI uduItptS, VI give tHc IlSut VI way
through such land to tho county. the Commission
shall not declare such road Il public highway
until the expiration of the thirty days aforesaid
SEC. II. Viewers OF highways aud arbtrators.
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 lis View
els and arbitrators
SEC Is. In case the arbitrtfors shall report in
favor of greater amount Of dlm,geS tn, al
lowed hy The Viewers. the expenses OF the arb-
traitors not eycce ling iir"c doll II, each. shall he
paid out OF the Road Fund OF said District OF Dis
uicls; but in all Other cases. they shall be paid by
tn" p rty cl,imng damages.
SEC. 10. Viewers an ar,lirators shall he plid
out OF the Road Fund belonging to the District
or Districts in VIII ch such rUrs or trails are Laid
cut. not exceeding three dollars prdty each, lor
each days service actually rendered.
SEC 20 In assessing dim ,gcS. Viewers and
arbiIratorS shall always take into consideration
the advant 'ge the proposed road will he to the
party or parties claiming d'mages.
SEC. 2l. The petition Of the dscOntnuance of
il public or Il private road. and the proceedings
unier it. shall he the same as in cases OF laying
out new ro,is. Up to The finding If the report
of the Viewers which sh I'll he in favor or against
the i>cOntinuancc of such road. the Commission
er shall refuse TO discontinue the same but if h.
report he in f'vor OF disseminating the rotd. the
Commissioner may, by an order TO be filed with
SIC y. All pu7ic highways in the County OF
Placer heretofore laid out shall he al least sixty
tiv" feet in width; provided that the Commi ission-
or may establish II less width for all public trails,
and aI.o for all public highways which are les
than one mile in length. and within his District.
SEC. 23 The compensation ot the Road Com
miSsioners Of each District shall he ascert.incd
and aid as follows: \ t each regular meeting OF
the Board OF Supervisors Of said county. the Com
missioner shall make out. and present 10 said
Board. Il sworn statement. showing the number OF
days he his actually devoted TO the labor OF re-
pairing roads and bridges. in his District, and in
the discharge OF other duties imposed upon h m
by this act the number OF persons mploycd ny
ham in making such rep ,irs. il any alni the num-
bcr o days each has workcd. with the price necrs-
sary TO he paid to each, to procure his services;
aud the actual cost OF any IN .terial used i'll I'll h
rep ,irs and it's ch ractcr The statement shall
br verified. hy the a1i iavit Of the Commissioners
that it H. true and ,Orrpct in every ptrtlculLr;
that the persons employed did. during the time
stated, per orm the usual and customary amount
OF labor each day. OF IN able bottled mtn; and
that the price charged iOr each laliUrer Per day
is not more than such liborcr could have obtain
ell from other persons. for similar work. ut the
time and place where il was done.
SEC. "a. Such statement, when duly verified
and presented to the Do ,rd of Supervisors, shall
be priml tace evidence that the contents arc
true. and the charges jnst and proper; and il
shall be- the duty Of tn" Board to audit and allow.
to the Road Commissioner. th' 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 OH the District
Road Fund.- of the Commissioners District, for
the amount so allowed. in favor OF the Commits
soner; and the County Treasurer OF said county
shall pay the same from the proper District
Road hund, on presentation.
SEC rs. Private roads may be laid out in the
same manner as public roads. ext ept the expenses
oil laying out the same, and the damage to he
paid in cons, quence. thereof, if any. shall be
borne and p,d ny the PARTIES petiioning 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 ien'e that MAY surround
Hlcl losur.. thr0 h " hcl such Fond