Year: 1862

all further claim for damages. IF there
De any owner or owners Of land through
which said drain, ditch or water-course
shall be located, who shall not apply
for, or who shall not agree with the
supervisors as to the compensation they
shall receive for damages sustained BY
them, by reason of the location of such
drain, ditch or water-eourse, as provi-
ded in this act, sal supervisors shall
proceed to assess the damages which
such owner or owners will sustain by
reason Of locating said ditch, dram or
water-course as aforesaid, and make an
award in writing, specifying therein
the sum awarded by them to each of
said owners for their respective DANA
ges. Said award shall be signed by
said supervisors, and 6e filed in the Of
fee of the clerk of the board of super
visors, with the return of the surveyor
or engineers; and further proceedings
thereafter by the supervisors, shall be
adjourned till the next session of the
county board.


Sec. 4. If any applicant for com
pensation as aforesaid, shall not be
:. satisfied with the sum awarded for
damages by such supervisors, he may,
within sixty days after the filing of the
award Of damages in the Office Of the
clerk of the board of supervisors, as
provided in the preceding section, ap-
ply to the county judge Of the county
for jury to assess and appraise such
damages. Such application shall be
in writing, describing the premises, and
any number Of 4ersons claiming DANA
ges ON account of said ditch, drain or
water-course, may join in such app'i-
cation. The party appealing shall
pervisors of the county, at least six
days before the time fixed for making
such application, a notice in writing,
specifying the time when such ap-
plication, will be made.


Sec. S. Any person applying for a
jury, as mentioned in the preceding Sec
ton, shall, by himself or agent, exc
cute to the supervisors Of the county,
and file with the county Judge, bond
with one or more sureties, to be ap-
proved by said Judge, conditioned to
pay all costs arising from such appeal
and apportionment Of damages: pro-
vided, such jury shall not award a lar
ger amout of damages than was awar-
ded by the board of county supervi-
sors. Upon any such application,
the county judge shall make list Of
fifteen disinterested freeholders OF the
county, not Of kin to the owner or oc-
cupant of the said lands. Each party
may object to five on such list, and if
none Of the supervisors shall be pres
ent, the county judge shall strike off
the five names for the supervisors, and
shall thereupon issue precept to the
sheriff, directing him to summon the
five persons named in such list not OBJ
jected to by the parties, to meet at a
time and place to be specified in such
precept, to appraise the damage sus-
tanned by the owner or owners appeal
ing from the assessment of tire county
board as aforesaid, by the location Of
the said ditch, drain or water-course.
At the time and place appointed for
the appearance Of such jury, they shall
be sworn by the county Judge, Justly
and impartialIy to make such apprisa1,
and shall proceed to view the premises
where said ditch, drain or water-course
I is proposed to be located, and hear
the statements and proof of parties, if
they deem it necessary and they shall
make their return of appraisal to the
county Judge, which shall be certified
by such Judge and filed with the clerk
of the board of supervisors, with the
award of the board Of the supervisors
as aforesaid and if the amount of ap-
praisal Of such jury shall exceed the
amount awarded by the supervisors,
the costs and expenses shall be paid by
the county; but if the jury shall not
award greater damages than were
awarded by the supervisors, the costs
and expenses shall be paid by the ap-
pellart; and tie said county board of
supervisors shall, at their next regular
session after the apprisement by the
jury is rendered as aforesaid, proceed
to locate and establish such ditch, drain
or water-course, as herein provided.
The costs and compensation allowed
shall be paid out Of the county treasu-
ry, from the general fund, or remain
deposited therein, subject to the order
of such claimant or claimants.


Sec. 8. That said county board of
supervisors, whenever they shall have
established any such ditch, drain or
water-course, shall divide the same in
to suitable sections, not less in number
than the number Of owners Of land