The Placer herald., 1862-01-18

probable cost Of construction.

YNird-The probable cost Of construction.
FnUrth-qhn amount of damages that VIII he
sustained hy any person. persons. scv"raliy. hy
reason of laying out and opening Of the same
with recommendation that the same be. or be
not. laid out and opened; pr0cided, 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
TO he had; pr0videa. further that when a road, or
trail, is proposed to he laid ont through two. or
more road districts. the Board of Commission
crs in the districts shall act con Joint in appoint
ing said Viewers and in laying ont said road or
trail.
SEC. IL. The Board of Commissioners shall
cause three or more. notices to he post d in the
most public places in the vicinity of the propos-
Ell 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 tcrmi-
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-otiicc to his or their. resi-
dcnce or residences.
SEC. IS. 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 il 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 he filed with the County Clerk of
said county. lay out the same. if they shall deem
proper so TO do.
SEC. II. In case The Viewers report in favor
i
consequence of laying ont ofany road or trail.
and the Board of Commissioners. on the part of
the district. or 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 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
tricts. in pre- portion to the amount OF damages
assessed in each district respectively. taking of
the party, or parties. receipt in full fer such
damages. ana proceed to declare the said road,
or trail. n public highway. us 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 damages. shall he dissatisfied with
the amoGnt of damages allowed by the viewers.
the Board shall appoint an abitIation to CON
sst Of three persons. tax payers Of the county
ana d>intcrcsted in the proposed road. ira |,
who shall, en- a day to be named by the Bo,rd. go
upon the ground and personally examine the line
OF the proposed road. or trail. and hear any wit
nesses that may be offered respecting the value Of
The land thrUu II which The road. or trdll will
pass, and the dana ges that will be sustained by
any party or parties. in consequence OF laying
out e same; and shall, within ten days thereal-
ter. report 10 the Board, in writing, the amount OF
damages that Will be sustained from any party.
or PARTIES Severally, which report shall he signed
by at lcas TWO OF std Arbtrators, and the dam
ages 20 allowed shall be ordered paid by the
Board OF Commissioners pr0riled, that in case
any person. or persons. claiming damages, shall
be dissatisfied with the amount allowed him. or
them. by the ATbitrttOrs, he may. within ten
days after the award Is made by the ArbitrutOrs
give notice to the COMMISSIONERS that he is dis
satisfied therewitE: and the Commissioners. if
dissatisfied. may. within the sIme time. give such
notice to the claimant Upon such notice. the
Board OF Commissioners shall certify their pro-
cepdine- and the award to any court of competent
jurisdiction. ana the filing of the papers sh III
give the court jurisdiction OF the cause as fully
as e commencement Of suit by or ginal process.
aud shall authorize the court to impannCl It jUry.
who shall assess the damages to be paid the
c.aimdut. The cause shall he entered on the rec
orus OF the court, the party giving notice being
plaintiff the other try. defendant, and the pro-
crcdines thereon shall thereafter be the sIm1 as
in other civil actions prosecuted in said court.
Ii notice OF dissatisfaction be not given within
ne time UDDN Z cIttiullCtl tucIl IL cIll W uttllet
that the parties have agreed and conscute to the
award. and the Commissioners, upon payment of
the same. or upon payment d;tldgeS assessed
ny the court. are authorized and empowered to
enter upon the premises and declare the same
public highway.
SEC. Is. In case any per- on or persons claim
ing damages. in consequence pt the laying out of
any highway Though hs, her. or their. lands;
shall iail 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 barre from collecting such cl i'm
for damdg geS, unless damages were reported by
the viewers. in favor Of such person or PEI eisons,
or their predecessors in interest unless it shall
appear that such person or persons failed to re-
ceve notice Of the action OF the Board OF Com
missioners in the premises or were under some e-
g,l 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 a
claim for damlges, Or give the right of way
through such land, to the county. the Board stall
not declare such road Il public highway until the
expiration of the thirty days aforesaid.
SEC. Il, Viewers OF Highways and Arbitra-
tors, appointed by the Board of Commissioners
| under the privSlons of this act. for determining
| damages. shall have power TO administer oalhs tc
Witnesses. hat may come before them, in lheIl
| capacity ~ viewers aud ;ubltlItorS
SEC Is. IN case the ArDillaors shall report
in favor OF Il greater amount OF dana gcs than ii
lowed by tnc viewers: the expresses of the Arb
traitors. not exceeding three dollars each shall be
paid ont OF the road fund Of said district or dis
trcs, but in all other cases they shall be paid by
! the party claiming damages
SEC. 10. Viewers ani Arbtrators shall be
paid ont of the Road Fund belonging to the dis
! trct or districts. in which such roads, or trails
are laid out not exceeding three dollars per d "
each Tor each days service actually rendered
| SEC. 20. In assessing damages Viewers an,
! Arbitrators shall always take into consideration
| the advantage the proposed road will be 10 Tho
,,artv or nlrtinS cl ,iuintr I.,n,lUaS