Weekly graphic. [volume] (Kirksville, Adair Co., Missouri) 1880-1949, 1883-07-13

and such witnesses as the respective
parties may produce and If the town
Council shall he of the opinion from
the testimony. that the contemplated
use OF said street, alley o. avenue be of
public utility and that the facts in the
case justify 1t, may make al order re-
qulring the street commissioner to view,
survey and marx out such street. alley
or avenue and make report thereof
at the next regular meeting OF the
council theysatter @ ns fhtf htfe SF19t FFe1ifhqGish
ment OF the right vi way OF all persons
who may give such, and shall state IN
his report the names of all persons who
have failed or refused to relinquiSh the
right of way with the reason thereof
and the estimated cost of putting said
street. alley or avenue IN repair which
reports, rights of way and plats shall
be filed with the Gown Council on the
first day of the next regular meeting
thereof or with the Clerk thereof IN
vacation prior thereto and be tree to
the inspection all persons interested
therein.
SEC. III any person or persons
through whose lands or lots such pro-
posed street, alley or avenue or the
widening, opening or extending the
same shall run, shall fail or refuse to
relinquish the right of way for the
same and if the amount of such COM
pensatlon for any right of way cannot
be agreed upon by and between said
Council and any such person or persons
then the Mayor shall cause the same to
be assessed by jury of SIX dlsinterest-
ed freeholders of said town.
SEC. S.-When the right OF way can
not be agreed upon as designated IN
section seven of this ordinance then the
Mayor shall Immediately issue notice
and the same shall be directed to the
Marsha! of the town commanding him
to summon the owner or owners OF
any land, lot or lots through which any
street. alley or avenue may run in which
such right of way has not been obtain
ed to appear before the Mayor at a time
and place named therein not less than
six nor more than thirty days from. the
date thereof for the purpose of enqulr-
ing into the amount of damages
or compensation to be made to any
such owner or owners for such right
of wav. and every notice issued by said
Mayor unless otherwise provided by
law shall be served is summons before
justices ofths peace as are now provld'
ed by law. ana when any person inter-
ested shall acknowledge in writing en-
dorsed on the notice signed by his own
proper person or that of his attorney
the service of such notice with such
Acknowledgement shall be deemed a
valid service.
When a notice shall be Issued against
any owner or owners OF improperly
for the purpose of enquirlng into any
damages and the Marshal to whom it
is directed, shall make returns that said
owner or owners cannot be found, the
Mayor being first satisfied that process
cannot be served shall make an order
that said owner or owners be notified
by publication in some newspaper pub
liShed in Adair county notifying said
owner or owners that an inquiry OF dam
ages has been commenced; stating
briefly the object and general nature of
the proceedings and describing the pro
perty to he affected by said proceedings,
requiring the said owner or owners TO
appear on day there named or said
pro ,eedings will be made final.
SECTION 9.-When any owner or
owners of any property affected by any
inquiry Of damages after having been
Il ofitied according tc law, shall not ap-
pear TO the action or when he appears
then the Mayor shall issue venire
the town Marshal to
summon twelve good and lawful men
who shall be disinterested free holders
of said town. SIX of whom shall be en-
paneled as a jury to enquire into the
amount of compensation to he made to
such owner which jury shall take into
the benefit as well as the !