The Andrew County Republican. [volume] (Savannah, Mo.) 1871-1876, 1874-04-17
Roads and W.

Be IL enacted By the General assembly
ofhe State Of Missouri, us .toHOmS:
SECTION /. All public roads shall he
opened and repairead ccording to the
provisions of this act except in st. Louis
county.
SEX. ,. All public roads shall not he
less than twenty nor more than sixty feet
wide, to he determined, from time to
time. by the court ordering the opening
of the same, according to the utility of
such road.
SEC. ). All public roads shall be.
cleared of trees and limbs of trees. which
NAV imcommode horsemen or carriages;
anil no stumps in any public road shall
exceed eighteen inches in height: and
wet grounds and small w~ater-courses
shall he cauSewayel Or bridgcd in such
manner rs TO enable horsemcn and car
riarcs to pass with safety.
SEC. +. The county surveyor of each
county shall he CT otfcio commissioner
of roads and bridges, and shall receive
such compensation for his services rs
NAV he prescribed by the county court.
not exceeding three dollars for each day
he NAV be actually employed. and fifty
cents for every plat he may be required
10 make. Such commissioner shall not
receive compensation as county survey
or for the time he is actually employed
rs commissioner of roads and bridges.
Said commissioner shall be paid out of
the county treasury, or the three per
cent. fund: PrOridei, it shall be the duty
of the county courts, when deemed cX-
pedient from any cause, to appoint some
suitable and competent person to act us
such commissioner, who shall be notified
of his appointment, and who, before he
sha. enter upon the discharge of his
duties, shall be required to take the usual
oath.
SEC. D. 1t shall be the duty of said
commissioner, when ordered to do 50
by the court, to view and report upon
all new roads or changes of rOads,or the
vacating OF any road, to assess all dam
ages sustained by any person or persons
by reason of the opening or establishing
of any new road or change i'll any other
road. In estimating damages, he shall
always take into consideration the nd
v~antages, us well as the disadvantages,
resulting from the establishment of sucn
road to the tract of land over which it
runs
SEC. 6. All reports made by such
commissioner shall be filed and land over
until the first regular term of the court
thereafter, and shall be free to the in
spection of all persons Interested therein.
Any person aggrieved by the action OF
the commissioner may, on or before the
second day of the next regular term OF
said court after the filing OF the report OF
the commissioner, file his or her obiec-
tons, in writing, to such report there
upon the said court shall fix IA day fur
the trial thereof, and cause Il jury of six
men, unless a smaller number be agreed
upon, to be impannelled, who shall heal
the testimony offered in the cause, and
assess the damage. The cost OF such
Jury, including all cost attending the
trial, shall be paid as follows-to wit
Ii the verdict shall he for a greater
amount than fixed by the commissioner,
the cost shall be paid by the petitioners,
or by the county if the road shall be es'
tablished. If the verdict shall be for the
same or less amount than that fixed by
the commissioner, then the cost shall be
paid by the person or persons filing the
objections.
SEC. Z. Applications for the establish
ment of new roads shall be made by !,
petition TO the county court, signed by
at least twelve house-holders of the mu
nicipal township or townships through
which said proposed road may run, tire,
of whom shall be of the immcdiat,
neighborhOod, specifying the proposed
beginning, course and termination there
of, with not less than two points named
Oh the direction Of such road.
SEC. 8. Notice of such intended appli
cation shall be given by printed Or writ
ten hand-bills, put up in three or NOR
public places in such municipal township
or townships at least twenty days befor'
the first day of u regular term of tn
county court.
SEC. 8. The court shall. when sucl
petition is presented and publicly read
and upon proof of notice, as required b,
the next preceding section, make Al
order requiring the commissioner Il
view and mark out such road, and maxi
report thereof. The commissioner shall
take the REIMBURSEMENT of the right O
way of all persons who may give such
and shall assess the damages sustained
by all persons who may refuse to relin
quish the right of way, or infants or non
residents. The commissioner shall, il
his report. state the name of all person
who nave relinquished the right of way
and all those tor whom he has assesses
damages, and the amount assessed +
each person; and if, in his opinion, an.
person through whose land said roa'
may run has sustained no damages, bu
has failed to relinquish the right of way
he shall name tine person or persons an
the reasons therefor. He shall likewis
state whether, in his opinion. the pro