Rogue River courier. (Grants Pass, Or.) 1886-1927, 1901-01-25

the same manner as proof OF the service
OF summons.
SEC. i24 II appellants fail 10 recovers
iudgment more favorable than the award
appealed from. they shall pay all costs
and disbursements Of the appeal.
syc. l25. In estimating the damages
to the premises Of any person pursuant
to This Article, the viewers and lnrors
shall be governed bY the differences IN
the market value, il any, Of the premises
o: sGeh persons before and siier ihe
opening, widening. extending, OF
straightening OF such street o: aiiey
and NAV consider any use ot the prem
ists for which it is adapted, including
the plat ing of the same into lots and
blocks, and they shall consider only
such 1amage or convenience caused by
such street or alley as affects the use oi
said premises for the purpose for which
il is most valuable in the market.
SEC l26 When two or more persons
ioin in an appeal and part only recover
damages more favorable than the report
| alpealed from the circuit court shall
apportion the costs among the parties
/ thereto as in its discretion may seem
eq litable and just.
SEC. l27. No judgment for damages
az ,inst the city obtained in any court
shall be enforced against said city when
the Council shall determine that the
street or alley is not Of sufficient import
ance TO justify the establishment oi The
same after the appeal shall have been
| determined.
SEC. I2S. Such appeal shall be deemed
and be heard and determined and the
| Judgment thereon enforced, 20 lar AS APP
/ plicable in the same manner as an action
at law and in case two or more parsons
join in SAID appeal, the jurors sha.l hear
the evidence concerning he damages
sustained, and in their verdict find the
amount Of the damages, il anv, ,sn tained
by each appellant The verdict OF the
Jurors shall be a inal and conclusive
determination Of the matter oil such
award
SEC. l29. lfno further view be ordered
the Council shall, within forty days after
the expiration OF the time herein limited
for appeal, OF after the judgment OF the
circuit court is rendered, when an appeal
is taken, order warrant drawn npon
the treasurer OF damages, or damages
and costs awarded to the owner OF
owners respectively. OF the property
appropriated in favor OF such owner OF
owners ii it mall determine TO open, lay
ont. establish, widen, siraighten or ex-
tend said street or alley, and cause such
} report, survey, and plat to he recorded
in the "record OF the city surveys" anC
from thenceforlh said street or alley
shall be considered laid out, established
widt ned, Strengthened or extended, az
the case may be, end the Council shal
cause an order 10 issue directing sale
street or alley to be so opened ol
changed.
SEC 1870. The record of city sur
veys" is a book in which must be
entered by he recorder the report nd
plat OF the City Surveyor OF any survey
made by him under the direction OF the
, Council in the matter of opening, laying
out, establishing, widening, or straight
/ ening any street or alley, the date of the
! filing thereof with the Auditor and
Police Judge, the date OF the publication
or posting me nOtlCeS llerPOI anu Tue
: final action OF the Council in relation to
such street or alley or change, with
. the date thereof, and the report OF such
other surveys made by the City Survey
or as the Council may direct.
SEC. l3l The "RecoIl of City Sur
veys" is a public writing and :he orig
inal, or copies thereof certified 20 by
. the Auditor and PolceJudge,o of any mat
, ter authorized 10 be entered therein are
entitled to the force and effect thereof.
SEC 1872. The Common Council has
authority and is hereby authorized,
when it shall deem it expedienr, 10
open, establish and locate streets upon
tae roadted Of and upon or across any
county ropd or public highway within
the corporate Limits OF the City OF
Grants Pass and when So located or
estst lished, said county road or public
highway shal be and become public
streets ul said city and subject to the
jurisdiction and control of the Council,
: the same as though such streets had
been dedicated by the owners in the
usual way.