The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-05-10

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SEC. s. Be IL further Enacted, That the said
commissioners may if they so desire, inspect
the road structure or land on which an assess
i ment or privilege is sought, and the owners OF
any land, railroad or turnpike may intervene
for their respective interests in the premises
| and evidence may be offered by the petitioner
or intervenors Showing how the said property.
will be injured or affected by the construction
/ Of said works. and they may have the writ OF
/ subpoena issued by the clerk or sheriff to COM
| pei the attendance of its or their witnesses
! but no delay shall be caused by any. nor snall
evidence be received in respect to the utle
and ownership of said property; and In case
either party shall object to the proof or intro
duction of any particular matter as basis OF a
claim for damage, then the commissioners shall
report separately and specially as to such mat
! ter and state the allowance for the alleged
damage as special item, and such item may
be revived in the manner hereinafter pointed
out. 7e 60
| SEC 8. Be at further enacted, That if, at the
| time appointed for the inquest. the proper pre-
limiuary proceedings have not been had In
respect to some or all OF the parcels OF land or
property in the writ prescribed, the petitioner
may discontinue as to such parcels, in which said
proceedings have not been had, or the commits
sioners may adjourn the proceedings as to them
! to another day, and proceed with respect to
those parcels of land as to which the proper
proceedings have been had !; and any vacancy
day to which any adjournment shall be made,
or at any other time, such vacancy shall be
filed by the sheriff, and in case the commits
sIoners cannot agree, or on the application OF
petitioner pending any Adjournment, other com
missioners may be chosen to make such assess
ment ~ 4al l.+fi 30 iH w.
SEC. 10. Be 1t further enacted, That the
commissioners, after making their award as
! hereinbefore provided, shall make and sign
report of their proceedings in the premises, and
shall deliver the same into the hands of the
/ sheriff, who shall make immediate return there
of, with the writ, and his action in the premises
and upon the actual payment in cash, to the
person company entitled to receive the same,
of the whole amount of the award made as
hereinbefore directed, the said petition, and
its assignees, shall have the full and perfect
right to enter upon the property described, and
to have, possess and enjoy the easements, rights
and privileges thereon, as the same are in the
petition set forth and claimed, and afulfrecord
shall be kept in said clerks Office Of all pro-
ceedings had under this Act.
SEC. II. Be 1t further enacted, That for
good cause shown by the petitioner or any
owner, by motion TO the judge Of the circuit
court, in which said proceedings were had |
a new inquest and assessment may be had |
PYOUided, said motion shall state the grounds
upon which said new assessment is asked, and |
shall be supported by the affidavit of the party
applying therefor, of the hearing of which mo-
notice. If, upon consideration of the matter,
new inquest and assessment shall be ordered
by the judge In respect to any such property,
writ shall issue and all proceedings be
thereon had, on the first assessment; Pro-
Uided further, That not more than one new in
quest shall be allowed at the instance of the
same party in reference to the same mat
ter et7tp
Sec. II. Be 1t further enacted, That in case
of objection by the petitioner any owner to
Il
section of this Act such. objector must within
ten days after the return of the sherill's writ
give five days notice to the other party that at
time and place mentioned, be or they will
present said objection to the circuit Judge who
shall thereupon proceed to pass upon the
validity of such objection; and if said Judge :
sustans said objection he shall strike the said :
item from the award and the balance then !
found assessed, if any shall be paid by the :
petitioner; and said petitioner shall have paid
more than said final and amended award. the :
balance shall be refunded by the party to whom
the same may have been paid and it shall be ;
unlawful for the clerk, pending any controversy.
to pay over the sum in dispute TO the owners :
of any of said property; ProUided that from ,
all orders of the said judge in reference to any
proceeding under this Act, appeal NAV ;
be taken to the supreme court of this State ;
within sixty days from the making Of any ;
such order, or from the final order therein L.
made; the appellant being required to give -
security Tor the costs OF the appeal as in other =
cases. but no appeal shall hi - or delay peti >
TONER who has paid to tia I;arty or parties :
entitled under the award to receive the same :
'he amount of the award from constructing and =
operating their lines over said property =
SEC. ID. Be 1t further enacted, That the >,
sheriff may act by regular sworn deputy, or >,
he coroner may act as in other cases provided :,
~ law, and for any default Of the clerk sheriff -
coroner, commissioners, witnesses, or other :.
person, the penalty prescribed by law for like :.
efauit, in cases pending in the circuit court, =
hall be enforced. ~ m i-st.s. ~ ~ -
SEC IA. Beit further enacted, That the fees -
0 be allowedin proceedings under this Act ~
hall be as follows To the CLERKS for the ~
ling of each petition, fifty cents; for the issue 80
each monition, or notice, twenty five cents 30 80
'r each copy thereof, when executed, fifteen ~
ents for each writ to sherffs, one dollar: issu ~
lg subpoena, each fifteen cents to be paid Nv ~
arty ordering the same for filing the report of -
he commissioner and return Of the sheriff fifty 20
ents for filing any other paperor motion. ten 20
9nts; for issuing any other notice TWENTY-FIVE -
ents for final record and Advertising same as 80 80
lowed by law in other cases; to the sheriff 20
posting monitions, each, seventy five cents 70
irving notice, each, fifty cents summoning -
ID organizing the commissioners three dol
RS; for presiding at the inquest and assess III
ent for each day actually employed three Be
'llars; returning writ and report of commits anc
oners, one dollar; issuing subpoena, same az Ire
ERIK to the commissioners, three dollars for Ire
ch day actually employed. ~ be
SEC. 10. BE 1t further enacted, That at the the
ne OF the filing of its said petition, such tele in