Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1863-10-22


session, II no objection TO the opening or alter
ing a road by the owners Of the land through |
viii h l. must pass alter such notice us nadel, It |
shall be taken for grantel that no damages are or
will be claimed, and the road may be recorded |
/ and opened, and shall thon be pubic ROAD OF |
bighwayi but II any owner or owners OF the land
| shall oplect and claim damages and the court |
! cannot agree with such owner or owners upon the \
amount, then the court shall direct the marshal |
/ OF the District 10 summon a jury OF seven judi /
cous dsinterested men, not rea cd TO any party \
interested, TO be aud appear on the premises ON a
day specified TO the damages II any, which !
each owner OF land through which the road Is 10 |
pass may sustain by reason thereof And the |
/ marshal shall summon such jury, aud administer |
| an oath or affirmation TO them that they viii, |
without favor Partially To any one, 10 the best
OF their Judgment, decide what damage, II any, !
each owner may sustain by reason OF running the |
road through his pr misses but IN doing this they
shall take into consideration the benefit II may DO
TO him OF her by enhancing the value OF his or her
land, or otherwise, and give Their yeriiot accord
ingty. II shall be the duty OF the marshal, upon
receiving the order from the court, to give the
owner owners aforesaid not less than ten days
notice OF the time and place OF the meeting of tine
jury TO assess their daaages. In cases where no.
Tee cannot be served on the owner or owners, the
same pr ce dings shall be had as is provided in
III section ia the case of minors. The jury hav-
ing beea upon the premises ami assessed the dam
ages, shall make out written verdict, 10 be gned
by them, or majority OF them, and attested by
the marshal, which the marshal shall transmit TO
the court at its next session, and which shall be
recorded. If the court OF any owner or owners of
the land aforesaid are dissatisfied with the ver-
dict thus rendered, and no arrangement being
made between the court and he said owner or
owners, the court shall order the marshal to sum
mon second Jury Of twelve judl1ious, dlsinter-
| ested men, not related to any one interested, to
meet and view the premises, giving the parties in
terested at least ten days notice of the time and
place of meeting. And the marshal ana Jury
shall proceed before directed IN regard TO the
first jury. And the verdict, signed by each Of the
Jurors, or a majority OF them, shall be returned
to the court at its next session, and recorded as
final and conclusive ana the road shall then be
declared public road, and the court shall order
II to be opened as such. And the same mode Of
proceeding shall be observed in cases where APP
plication shall be made to the court by the resi-
dents OF the county to lay out new, or alter any
existing road. In all cases where the land thro
which IL Is proposed to run road shall belong
to minor or minors, il shall be presumed that
objection is made, and the damages assessed ae-
| eordlngly. In all cases where 1t becomes neces-
sary to summon second jury to assess damages, if
the amount assessed by the second jury shall not
be greater than the amount assessed by the first,
the costs of the second jury shall be paid by the
party parties Directing to the hrst verdict but
If greater, they shall be paid by the county. All
expenses up the second jury shall be paid by the
; county.
MARsHAL's FERs
f For summoning each juror the marshal shall be
entitled to fifty cents.
For travel, per mile, going and coming to the
premises TO be examined, twelve and haf cents.
For each days attendance, two dollars and fifty
l cents.
I JURORS FEES.
1 For each days attendance, two dollars.
Sec. 8 And be IL further enacted, That in any
case where materials of any kind shall be deemed
I necessary for making or repairing public road,
r if the lvey court cannot agree with the owner as
to their purchase, the said court may proceed in
, the same manner for condemning said materials
9 in cases of condemnation Of land for the pur-
poses of public road, as is provided for in the
next preceding section OF this act.
I | Sec 10 And be it further enacted, That said
levy court shall have full power to make sanitary
rules and regulations in said county to abate nui.
y / ssnees, and to pass such ordinances as it may
;, | deem necessary for their condemnation and re-
o moval, and for the punishment of persons Great
ing them suffering them to exist ON their prem
ises which punishment shall not exceed tine Of
twenty aoiiass, for the use OF the county, or i'm.
prisonment in the county Jail thirty DAYS for each
offence. Said levy court shall also have power tc
T pass such ordinances it may deem necessary
y to effeetually prevent misunderstanding in sale
county by hunting, gaming, fishing, or otherwise
on Sunday; to prohibit the killing of such gamt
: as said court may think proper during certain pc
RODS to regulate fishing in the waters of sale
county, and to provide for sufficient penalties fol
the violation thereof. And it shall be the duty
the metropolitan police OF the District OF Column
g bia to enforce any all of the ordinances of tn,
: ssidlevy court in the same manner they are
now required to enforce the ordinances o.
!, the cities of Washington and Georgetown
the funds required for that purpose t.
e be paid by the said levy court from til,
n
county t,edsuis. a ahd rom after the passage
4 sls ~ tne autes 81 county constable snail De con
hneu eAolsNeiy 70 tne service OF evii process ant
f lne e0ueceoh ei strictly priFate depts WITHIN th'
, saia district OF G9iumpla. Ana eaeh OF the coun
ycohstaples holdhg once az me time OF the pas
= sase ol eAs acs, anu eacl OF sad eonstaoies mere
a i appolIisea, shail before performing any du'
i ues required &c oe performed IN ms sad office
take the oash % arrogance required Dy the act @
july second, eighteen nundred-a ard slxty-two, IN
addition to any oath of office required OF him al
the time. and shall moreover enter into bond tc
thn ITn;ted states in tha sum of a ~ a,so,d Al
lars with sacn,itv n ba anrrovea Nv, tho iel \
The crcnt conrt conditioped for the faitbf, ~ =.
soSmanca of the' .dnties Of his oine nd 81 ~,
ntai ,,,t ~ all ,a,o 'sA,' ~. -. ~
rd =. ~ xasans ont,lad ~ oos;un ao
,d h1 re,e,y the III hond ~ - go; s s@t a
dns % Tnne IN e,erv altcrn+ ~ " ~ a,
/ t;a,,s AZ in oA9ea 49, = 'i'' oo1i'
iSao n - 1aI h y f,,.,ba..a.,,.,., ,,,.4 ~,
ntstod I, A. 80 ~ ,tIn s.' ~ mat tne az
$50 a,S .bar 1870, se ~, ieES ; colrt u
Si,,,,b; y ,,soS,oa - .9 i. .iie Distiict y
Sag a ~ my sSsa'i, eisltetn nun
~ % oo ~ @ % 70 autnoflAe inc
? county of Washington outside the limits Of the
5 cities Of Washington and Georgetown, under such
restrictions and penalties as the aid lew court
e may deem expedient
4 sec. H. And be ii further eadetsd That fnes
! leN q a.