Charles City intelligencer. [volume] (Charles City, Floyd County, Iowa) 1864-1866, 1864-09-22

one school house may De eStabllShed
in any one district if the funds are
procured.
Sec IL. And be it further enacted,
That in case the said commissioners
should not be able to purchase sulta-
BILE sites for the erection Of school
houses they shall have power to con.
denim and value q suitable site or
sites for that purpose, not exceeding
one acre of land in each site, by Civ
ing ten days. notice in writing to the
proprietors thereof, except in cases
where notice cannot be served, anG in
cases of minors, femme coverts, and
persons non compos mentis, and fill
ing with the clerk of the levy court
of the county of Washington, District
of Columbia, for inspection, certifi-
cate describing such lands, with the
value assessed thereon, signed by the
president and clerk of said board of
commissioners, which shall be sufli-
cient notice to the proprietors of such
land that the said board of commits
sioners are ready to pay the amount
of damages SO assessed and if
within thirty days from the filing of
said certificate the proprietors of such
land shall not appeal from the decis-
ion of said commissioners, by written
notice left with the said clerk of the
levy court, the amount so assessed
shall be paid to the proprietors, and
the title to such land and premises
shall pass to and be vested in the
Board of Commissioners of Primary
Schools of Washington County, Dis
trct of Columbia, and the said certifi-
cate shall be recorded in the land re-
cords of Washington county, District
of Columbia, and shall be final but If
the proprietors of such land and premi-
ses shall, within the said thirty days,
notify the said commissioners, in wri-
ting, left with the clerk of the levy
court, of their dissent from the valua-
ton of such land as made by the said
commissioners, or if the land or any
part thereof be owned by minor,
femme covert, or person non compos
mentis, or if notice cannot be served,
it shall be lawful for the said commis-
sioners, and it is made their duty, by
their president and clerk, to issue
their warrant to the marshal Of the
District of Columbia, commanding him
TO summon jury Of five freeholders,
not interested in the matter, to appear
on day to be appointed by the said
hn n mr.
after having each taken an oath which
the marshal or any one of said commits
sioners is authorized to administer
that he will, without favor or preju
dice, assess the damages sustained by
the proprietor of said land by reason
of the condemnation of said land by
the said commissioners, the jury SC
qualified shall proceed to value and
assess the damages accordingly and
If the amount assessed by the said jul
~ shall not be greater than the
amount assessed by the said commits
sioners, the whole costs of the said
appeal shall be chargeable to the
appellant. to be paid by the said COM
missioners, and deducted from the
cost of the land in settlement therefor ;
otherwise the said board of commits
sioners shall pay the expenses incur.
red by reason of such appeal, the mar
ehal's and Jurors fees to be computed
according to the act Of Congress APP
proved March three, eighteen hundred
and sixty-three, defining the powers
and duties Of the levy court.
Sec. Is. And be it further enacted,
That the said jury, Immediately after
they shall have completed their in
quest and assessed the damages, shall
make out a written verdict, setting
forth full and distinct description OF
the land and premises and the valua-
ton or damages assessed there for,
which shall be signed by them, or a
majority Of them, and having been at
tested by the marshal, shall be imme-
diately returned to the clerk of the
levy court of the county Of Washing
ton, District of Columbia, and shall be
final and the said damages having
been paid, or offered to be paid, to the
said proprietors, the title TO such land
shall pass to and be vested in The
Board of Commissioners of Primary
Schools of Washington County, Dis
trict of Columbia" and the verdict Of
the jury shall be recorded in the land
records Of Washington county, Dis
trict of Columbia Prorldcd, That il
shall be optional with the said commits
sioners to abide by said verdict, and
occupy the said land or abandon it
without being subject to damages
therefor.
Sec. IA. And be it further enacted,
That it shall not be lawful to locate
any site for school-house in any or.
chard orgarden. nor within three hun
dred yards Of any dwelling-house,
and in order to obtain such consent or
refusal, thirty days notice shall be
given to said proprietor by the said
commissioners, notifying such propri-
etor Of their intention and if, within
thirty days, no answer is returned to
said commissioners by said proprie-
tor, ii shall be taken for consent, and
the said commissioners may proceed
to erect their school-housc without let
or hindrance.
Sec. Is. And be it further enacted,
That if the treasurer or collector, hav.
ing any school funds in his hands, or
neglecting or refusing to obtain such
funds as by law authorized and direct
ed. shall refuse to pay for two weeks
any order of the said commissioners
drawn in conformity with the requisi-
tions Of this act, such treasurer or col
lector shall be liable. on proof before
any court Of justice or justice of the
peace having cognizance, and without
stay Of execution, to pay the full
amount of said order and interest
thereon, at the rate Of twenty percen-
tum per annum, from the first refusal
until the day Of payment, by way Of
damages. If any collector appointed
or acting under the provisions of this
act shall in any case collect more
than ia due, the person aggrieved
shall have his remedy against such
collector by suit or warrant, and If he
recover he shall have judgment for
double the amount improperly and un-