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

injury resulting to such owner or
owners of any such property taken tor
sucn opening, widening. establishing
or extending any such street. alley or
avenue.
SEC. 10.-Said jury shall first be
sworn to well and truly try the aues-
ton at issue and make Just con,pen-
satlon to the owner or owners whose
property is taken for any street. alley
or ay-nue. ~.
inquire into the amount OF damages
which shall accrue to the owner or
owners cf property taken for openings,
wideningS, extending or eSta Hlishing
any street, alley or avenue shall hear
the allegations, and proofs offered on
either side and then shall proceed to the
groperty condemned. view the same
and assess the damages which the own
ers may seyerally sustain by reason OF
the location OF said street, alley or
avenue and the damages assessed for
each tract OF land or lot shall be separ-
ately stated together with the name of
each person interested and specific DIS
cription OF the premises or lot for which
SUCH damages are assessed and return,
their verdict to the Mayor in writing
signed by each juror and until said
damages are paid to the person or per-
sons entitled thereto or into court for
such person or persons the said pre-
mises shall not he taken or disturbed.
SEC. 12.-1he Mayor for good cause
shown within ten days after any in
quest shall have been returned to him
may set the same aside and Cause
new inquest to be made which shall be
conducted the same as the first which
last assessment shall be final.
SEC. 81 any person or persons in
any proceeding before the Mayor for
the purpose of inqulrine into damages
shall feel agsrieved by the verdict of the
jury as to his damages such party so
aggrleved may within ten day after
the rendition Of judgement in such
case appeal from the proceedings of
said Mayor to the Adair county circuit
court. 1t the appeal is taken the same
shall oe taken and perfected within the
time aforesaid as is required by law in
appealing from the Judgement of JUS
tiee of the peace. If an appeal is so
taken the Mayor snail within sly days
from the taking of such appeal file
full transcript Of the proceedings there
in and all the papers certified by him
with the clerk of the circuit court.
SEC. 1.-THE Mayor shall after the
rendition OF the verdict and judgement
report the same together with the pro-
ceedings under section II to the
town council: on the fling of said
judgement and proceedings and if
the council shall he satisfied that the
use to which said premises are sought
to be appropriated Is a public use and
that said street or avenue is OF sufii-
eient public utility to Justify the pay
ment of all damages assessed therein
then warrants shall be drawn on the
town treasury and delivered to the
parties sevesally to whom damages are
then assessed or delivered to the Marsh
al or III 4 case of appeals TO lie deposit
ed into court for their use, and the
council shall make an order OF record
declaring such street or avenue to be
and the land 30 condemned
or relinquished as aforesaid shall for
ever be considered and aiiudged there
after t. be street, alley or avenue
until altered. changed or snnulled by
authority OF law and the survey. re-
ports, 7 lats, verdict and judgement
shall be recorded in book for that |
purpose.
SIC. l5.-All ordinances and parts of
ordinances inconsistent with this ord,-
nance are hereby repealed.
SEC. l6.-This ordinance to take effect |
and be in force from and after IFS pass
age and publication and 1t be published |
IN the Weekly GRAPHIC.
Adopted and approved this 2nd day
of July A. D. 1888. Attest.
a. II. SMITH, G. A. GoBEy,
Clerk. Mayor.