Clinch Valley news. [volume] (Jeffersonville, Va.) 18??-2019, 1912-03-01
against the county in any case.

SlAIEENTH: A trial of said APP
peal shall be by jury, unless the
same be waived by all parties and
without formal pleading, and shall be
final except to appeal as to points of
law. In all questions of damages, the
question o. compromising advantages
shall be fully considered in awarding
damages for the opening, changing or
extending any road. and in case of
every appeal and every other matter
connected with this act. the road
commission shall be represented by
the Commonwealth attorney of
Tazewell county.
SEVENTEENTH: Whether any
such appeal on the question of DANA
ges shall be taken or not, the board
of road commissioners for the district
or districts in which such road shall
be located, on paying into the circuit
court of Tazewell county in term or
to the clerk of said count in vacation.
the sum ascertained by the commissi-
oners locating the same M shown by
their report returned to said clerk 8
Office. may, notwithstanding tho pen
dency of proceedings. enter into and
construct their work upon or through
that part of the land described in
such report, and no order shall be
made or any injunction awarded by
any court or judge to stay tho pro-
ceedings of such board of road COM
mlssioners in the prosecution of their
work, unless it be made manifest that
they, their officers, agents or servants
are transcending their authority, and
that the interpretation Of n court is
necessary to prevent injury that can
not be adequately compensated in
damages.
EIGHTEENTH: When, after such
payment into court. upon appeal taken
from such report. if the sum thereby
asccrtained exceed what was so paid,
Judgment shall be given against the
county for the amount of such excess,
and If what was so paid exceed the
amount of the sum ascertained upon
such an appeal. the excess shall be
paid back TO the county road fund,
and judgment therefor and the cost
of appeal shall be rendered against
the appellant.
NINETEENTH: When an appeal is
taken and the money paid into court,
the court shall disbrrse the same to
the parties entitled thereto, and when
no appeal is taken the same shall be
disbursed to the parties entitled
thereto by the commissions.
TWENTIETH: Whenever any of
the land owners are infants or suffer
ing under any leal disability the pro-
ceedings shall not be stayed, but the
clerk of the circuit court of Tazewell
county shall appoint for such persons
guardian ad Item I'm the Same man
ner as he is authorized to appoint n
guardian ad Item for infant defen-
dants, and said guardian ad Item
shall represent said infant, or such
person under legal disabilities, and
shall receive the same compensation,
payable in The same manner, and
from the same source, had the matter
been pending in the court, the amount
of the guardian ad Items fees to be
determined by the circuit court OF
L azeweli county, and all notices and
summons may be served by the shcr-
i'll and his deputies, and their COM
pensation, and the compensation OF
the clerk of Tazewell circuit court,
shall be the same as allowed said off.
GERS for similar service, and any rond
commissioner in the discharge of his
duties under this act, whenever the
same may be necessary, is empowered
to administer an oath.
TWENTY FIRST: The district road
commission, in establishing a road
mSy direct that it be opened and kept
IN order by persons for whose conven.
fence the same is desired, and the
same shall not be an established road
until the person or persons 30 desig-
mated In the commissioner repor
shall file with =. the chairman Of the
district in which the road is, an ag
reement that he or they will oper
same and keep the same in order.
That all new roads established
changes or alterations made shall be
of the width to be determined by tn,
road commission viewing, establishing
! or changing the same, the grade, Il
no case, except on roads to be opene,
and kept In repair by persons TO
their own private convenience, shall
exceed seven per centum, except OF
locations where heavier grades canno
be avoided, and the same shall be es
tablished with or without gates, al
they deem best, and in case they re
T port adversely upon any petition, tn
petitioners shall pay into the count
road fund all costs accruing throug
said petition, and unless said commits
| ison in their discretion relieve sal
, petitioner from such costs, and sam
may be recovered from petitioner b.
suit at law or warrant before jus