Year: 1863

| tifcate.


Sec. Z. And he 1t further enacted, That
oA extraordinary occasions, when any public
road or bridge shall be destroyed, or SO in
jurcd as to require immediate repair, it shall
he the duty of the superintendent as we'll as
the supervisors of the road to cause the nee
essary repairs to be forthwith made; and if
there are no funds in hand with which to
hire laborers and teams, or If laborers and
and teams cannot be otherwise procured, the
said supervisor shall Immediately summon a
sufficient number of men living nearest the
place to appear and labor on said road or
bridge until it shall be repaired; and he may
also require any person owning team and
living within a reasonable distance to ap-
pear with said team and cart or wagon and
plough. And if any one thus called upon,
having received two days notice, shall neg
lect or refuse to appear and labor, or send an
ablcbodied substitute, or shall refuse his
team, cart, wagon, or plough, he shall forfeit
and pay tc the levy court sum not less
than three dollars, nor more than ten, to be
recovered before any justice of the peace in
said county, with costs. For labor. the use
of teams. and other necessary implements,
performed and furnished on such occasions,
Just and fair compensation shall be paid, to
be fixed by the said court.


Sec. s. Ind be 1t .jarther enacted, That
whenever the levy court shall deem it condu-
Give to the public interests to open new
road, or change the course of an old one,
they shall direct the route of such road to be
surveyed by the county surveyor, and plat
or map of the same to be prepared. They
shall then cause notice to be given, by ad-
vertisement, twice a week for three weeks
of the proposed opening of the new road, or
of the alteration Of an existing one, calling
upon all persons who may have any objcc-
tions thereto to present them to the court at
its next regular meeting. If any objections
arc made, the court shall then and there hear
them. If the route only is objected to, and
another or others suggested as more advan-
tageous, the court may adopt it, or appoint
five discreet, disinterested men, of whom the
county surveyor shall be one, to examine all
the proposed routes, and report such an one
as they shall deem most feasible and advan-
tageous to The county, and such report shall
be made to the court at its next snssinn IT
no objection to the opening or altering road
by the owners of the land through which it
must pass after such notice is made1, it
shall be taken for granted that no damages
arc or will be claimed, and the road may be
recorded and opened, snd shall then be
public road or highway but if any owner or
owners of the land shall object and claim
damages, and the court cannot agree with
such owner or owners upon the amount,
then the court shall direct the marshal Of the
District to summon a jury of seven judicious
disintcrcstcd men, not related to any party
interested, to be and appear on the premises
on day specified to assess the damages, It
any, which each owner Of land through
which the road is to pass may sustain BY
reason thereof And the marshal shall sum-
mon such jury, and administer an oath or
affirmation to them that they will, without
favor or partiality to any one, to the best of
their Judgment, decide what damage, if any,
each owner may sustain by reason of run
ming the road through his premises: but in
doing this they shall take into consideration
tho benefit it may be to him or her by en-
hancing the value OF his or her land, or 9TH
] wise, and give their verdict accordingly. 1t
shall be the duty Of the marshal, upon re-
cciving the order from the court, to give the
owner or owners aforesaid not less than ten
days notice of the time and place Of the
meeting Of the Jury to assess their damages.
In cases where notices cannot be served on
the owner or owners, the same. proceedings
shall be had as is provided in this section in
the case of minors. The jury. having been
upon the premises and assessed the damages,
shall make out written verdict, to be Aligned
by them, or a majority Of them, and attest
ed by the marshal, which the marshal shall
transmit to the court at its next session, and
which shall be recorded. If the court or
anv owner or owners of the land aforesaid
arc dissatisfied with the verdict thus rem
dercd, and no arrangement being made be-
| tween the court and the said owner OF own
ers, the court shall order the marshal to sum-
| mon second jury Of twelve judicious, dis
interested men, not related to any oneinter-
cstcd, to meet and view the premises, giving
the parties Interested at least ten days mo-
ticc Of the time and place of meeting. And
the marshal and jury shall proceed as before
directed in regard to the first jury. And the
verdict, signed ty each Of the Jurors. or
| majority Of thcm, shall be returned to the
court at its next session, and recorded as
| final and conclusive, and the road shall then
be declared public road, and the court shall
order it to be opened as such. And the
same mode Of proceeding shall be observed
in cases where application shall be made to
the court by the residents of tho county to
lay out new. or alter any existing road. In
ali cases where the land through which it
is proposed to run road shall belong to
minor or minors, it shall presumed that OBJ


lection is made, and the damage assessed ac-
cordingly. In all cases where it becomes
necessary to summon second jury tn assess
damages, if the amount assessed by the Sec