Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-03-25

trust for such person or persons, the salr
premises shall not be taken or disturbed
or the proprietary rights of the owner o.
owners therein Invested but on making
such payment it shall be lawful for the
said district court to make an order estab,
fishing such public road or street OF
change OF road or street, and confirming
the report of said commissioners, APP
pointed az hereinbeiore provided. In
! estimating damages the commissioners
| shall always take in consideration the nd
! vantages as well as the disadvantages,
resulting from the establishing or chang
ing Of such road or street, or change Of
road or street, to the tract OF land over
which said road or street runs. Such
commissioners shall receive their COM
pensation, not to exceed 81 so per day,
from the petitioners asking for the es-
tabllshing or opening or changing of the
said proposed street or road.
Sec. 9.-Whenever any road is ordered
opened or changed under the provisions
OF this act, if such road or street run on
any line where fence or wall is standing,
or other obstruction, or through any III
closed field, it shall be the duty of the
owner OF such fence, wall or other or
struction to remove the same forthwith,
upon notice given by the board of county
commissioners, within fifteen days from
the date Of such notice, and upon failure
OF the owner of such fence, wall or other
obstruction to remove the same it shall
be the duty of the board Of county com-
mlssioners to remove the same at once,
and the expense of such removal shall be
borne by the owner of said fence, wall or
other obstruction.
Sec. TO- An appeal shall be allowed
from the order establishing, changing or
opening any street or road, to the district
court of the county wherein said road or
street Is located, on or before the first dav |
OF the next regular term of said court |
after the said order made by the said |
district court is entered OF record, but |
Notwithstanding such appeal said road or
street shall be opened or changed, as the
case may be, and the only question to be
decided by said district court shall be the |
amount of compensation or assessment to |
be allowed as damages for the taking OF
the property or premises Of the party or
parties taking the appeal, which shall be
determined by jury if required by either
or any OF the parties interested. Ii the
assessed by the district court or
Jury be the same or less amount than
that assessed by the commissioners ap-
pointed by said court, the party or parties
taking such appeal shall pay the costs Of
the proceedings OF such appeal; but if
the amount OF damages assessed by the
the district court and the jury trying the
case shall be greater than that assessed
by the commissioners, the parties and
each OF them, pro rata, who originally
signed the petition asking for the the es-
Enlistment and opening or change Of
the proposed road or street, and the par
ties interested therein shall pay the
OF such excess and the costs of
such proceeding in the district court.
Sec. ll.-All acts and parts OF acts in
with the provisions of this act
are hereby repealed, and this act shall be
IN force and take effect from and after its
passage. ".. e.,
Filed by the governor February %, 1899.
Two great enimies-Hood' g Sarsaparilla
md impure blood. The latter is utterly
defeated bv the peculiar medicine