Weekly graphic. [volume] (Kirksville, Adair Co., Missouri) 1880-1949, 1883-07-06
Of the proceedings describing the pro-

Of the proceedings describing the pro
perty to he affected by said proceedings
requiring the said owner or owners to
appear on n day there named or said
proceedings will be made final.
SECTION 9.-When any owner OF
owners Of any property affected by any
inquiry Of damages after having been
Ootiiied according tc law, shall not ap-
pear TO the action or when he appears
then the Mayor shall issue venire
commanding the town Marsha. to
summon twelve good and lawful men
who shall be disinterested tree holders
OF said town, six of whom shall be en-
paneled as jury to enquire into the
amount of Compensation to he made to
such owner which jury shall take into
consideration the benefit as well as the
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. 1O.-Said jury shall first be
sworn well and truly to try the GU IS
ton at issue and make just compen-
Sation to the owner or owners whose
property is taken for any street, alley
Or avenue.
SIC. l1.-Ail jurors empaneled to
inquire into the amount of damages
which shall happen to the owner or
owners OF property taken for openings,
widenings, extending or esta ablishing
any street, alley or avenue shall hear
the allegations, and proofs offered on
either side and then shall proceed to the
property condemned, view the same
and assess the damages which the own
ers may severaliy 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 writings
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-
misses shall not he taken or disturbed.
SEC. 12.-lhe Mayor tor good cause
shown within ten days after any in
quest shall have been returned to him
may set the same aside and Cause a
new inquest to be made which shall be
conducted the same as the first which
last assessment shall be final.
Sec. 13.-Any person or persons in
any proceeding before the Mayor tor
tine purpose OF inquiring into damages
shall feel aggrleved by the verdict Of the
jury as to his damages such party so
aggrieved may within ten days after
the rendition of judgement in such
case appeal from the proceedings of
SAID Mayor to the Adair county circuit |
court. If the appeal is taken the same
shall be taken and perfected WITHIN the
lime aforesaid as is required by law in
from the judgement of JUS
Iice of the peace. If an appeal is so
taken the Mayor shall, within six days
from the taking of such appeal file
full transcript of the proceedings there
n 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
:eport the same together with the pro-
under section Il to the
own council, on the fling of said
Judgement and proceedings and
he council shall be satisfied
hat the use to which said premises
ire sought to be appropriated as pub
ic use and that said street or avenue Is
efficient public utiilty to justify the
of all damages assessed there
II and warrants shall be drawn on the
own treasury and delivered to the
parties seyerally to whom damages are
assessed Or delivered to the Marshal or
n case of appeals to be deposited into
ourt for their use, the council shall
make an order of record declaring such
treet or avenue to be established and
he land so condemned or relinquished
S aforesaid shall forever be considered
nd adjudged thereafter to be a street,
Hey or avenue until altered, changed
r annulled by authority OF law and
he survey, reports, plats, verdict and
ldgement shall be recorded in book
or that purpose.
Sec. 15.-All ordinances and parts of
rdlnanceS inconsistent with this ordl-
ance are hereby repealed.
Sec. Is The ordinance to trke effect
nd be in force from and after its pass
ge and publication and it be published
/ the Weekly GRAPHIC.
Adopted and approved this End day
July A. D. 1888. Attest,
A. NJ. SMITH. G., A. GoBEN.