The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1874-03-18


compensation to be paid to any pro-
,prietor or tenant, be not fixed by agree.
mept, lit shall award a writ OF ad quod
damlurn, II derived by any proprietor
or tenant, or if the court See
cause Ter awarding the same. Such
writ shall command the sheriff to sum-
non and impaonsl . jury OF twelve
areeholders of the vicinage, not related
TO either party, to meet on the lands
OF such proprietors or tenants as may
be named 10 The order and writ, at q
certain place ard day THEREIN alsospeci6
ed, ofwhich notice shall be given by the
sheriff to such proprietors and tenants.
Such notice shall be served like the
previous process, except only that it
need not be given to one present at the
time OF making the order.
D. 80 The Jury after being duly sworn
by the sheriff shall view the lands Of
the proprietors aud tenants SO named,
and ascertain what will be = just COM
persation to each proprietor and len
ants so named for the land Of his pros
posed to be taken, and fer the damage
to the residue OF his lands beyond the
peculiar benefits which will be derived
ia respect to such residue from the road
or landing. Aud in the case OF q road
the jury il it be desired by any party i'm
,terested, or be directed by the court,
shall alec ascertain whether the road
will be one of such mere private COM
venience as to make it proper that it
should be opened and kept in order by
the person or persons Tor whose con-
veuience it is desired, and whether a
less sum, and il so what Gum, will be a
Just com pensstion TO any such proprle
tor or tenant in case he be permitted to
erect and keep o2e or more gates acrcss
the road.
40. If the jury shall not be sworn on
the day specified, or il they cannot
agree upon their inquest, Gin which
case they may be discharged,) the
sheriff shall execute the writ on such
other day as he may from time to time
appoint, notice thereof being given to
the parties interested. II the inquest
cannot be completed in one day the
sheriff shall adjourn the jury from day
to day until it's completion. When
completed it shall be signed by the ju-
rors and returned by the sheriff, togeth-
er with the writ
Al. When the record shows that the
sum allowed by the jury as compensa-
ton to any proprietor or tenant is not
more than the court before awarding the
writ ofad quod damnum had consented
TO allow him, such proprietor or tenant
shall be adjudged to pay the costs &C.
casionei by such writ.
AZ. After the return thereof, the
court shall, upon the report, Inquest and
other evidence, ii any, determine
whether the road or landing shall be
established or altered as proposed,
whether the road is to be opened and
kept in order by the person or persons
for whose convenience it is desired, and
whether any proprietor or tenant shall
&c permitted to erect one or more gates
across the road; and it shall be at the
option o! the court to pay the sum
awarded or to abandon the proposed
undertaking.
43. when the road or landing ia cs-
tablished or altered the county shall
be chargeeble with the compensation
TO the proprietor or tenant, which shall
be paid with such costs as the court
may allow the applicant and the costs
of the inquest, except in the case mem
toned in the next section.
A.. Upon hearing the parties inter,
ested in an application for private
road, the court shall grant such private
road sit be made 10 appear that the
same is necessary to enable the app!i-
cant 10 reach and enjoy his own prop
erty, and that the granting thereof will
not entail irrcparabie injury upon the
party through whose land the came
shall run. II the granting OF any such
private road shall render any addition
al fencing necessary, it shall only be
granted upon the condition that the
applicant shall, at his own expense,
build and keep in good repair all such
fences for such length Oi time az he
shall use such private road. And up
on the payment OF the damages assess'
ed therefor, and the completion OF
the fences aforeeaid, il any, the sppli-
cant, his heirs or assigus, shall have
the tree use and enjoyment OF the said
private road 10 the same extent as If II
were q public road, so long as he and
they shall comply with the conditions,
if any, upon which It was granted.
As. The owner or oCcupler OF every
dam shall, as far as any road passes
over the same, keep such dam IN good
order, at least twelve feet wide at the
top. and also keep in good order a
bridge of like width over the pier-h cad,
flood gates, or any waste cut through OF
round the dam aud shall erect and
keep in good order a strong railing on
bo,h sides OF sLch bridge or dam. Ii
| he fail TO comply VITA this section he
shall pay fine, Tor every twenty~touI
hours' failure, ct Two dollars. But the
fine shall not, in any one prosecution
exceed fifty dollars, and where mill
dam is carried away or DESTROYED, the
owner or occuP,cr thereof shall not bt
thenceforth subject to such foe unit! one
month after the mill shall have beer
put in operation. Aud every owner o.
a dam hereafter built, which dam, by
the backing of the water or otherwise,
or il any race or ditch connected there
with shall materially obsruct any pub
lie road, shall, whenever it may be nee
sessry tor the safe and co 'vs lien
crossing OF the same, or the pond Gre
ated thereby, build and keep in repair
over and across the said dam POND
race or ditch, q bridge of like kind anc
description as ia hereinbefore specified
and for any failure to DO sc, every such
owner or occupier shsII be fined AT
hereinbcfore provided,
| 100. o,-,;pr land uD0n 8