Year: 1874

without such petition. in any case in which
they deem the interest of the people of the
county requires it, appoint two or more
viewers, or committee of their own body to
view the ground, and report the advantages
and disadvantages which, in their opinion, will
result as we'll to iudiViduas as TO the public
from the proposed work, and the facts and the
circumstances that may he useful to enable
the court to determine whether such work
ought to be undertaken by the county statiug
specially, in either case, whether it would be
necessary to take any yard. garden. orchard
or any part thereof. or TO injure or destroy any
building the probable cost of the work in case
of a public road the names of the land
owners whose property would have to be
taken or injured (; which of them requires
compensation, and the probable amount to
which each of them would be entitled. The
viewers or committee may examine other
routes or locations than that proposed. and re-
port IN favor Of the one they prefer, with
their reasons for the preference. They may
employ surveyor, if necessary, who shall be
allowed by the county court, except in the
case OF a private road, a reasonable cnmpensa.
tlon, not exceeding two dollars per day, to be
paid out Of the county treasury. A map or
diagram of the route or location shall be re-
turned with the report. The report shall be
re>committed by the court with or without
special instructions, to the same or other
viewers or committee.


3G. Upon the report, if the court be against
the proposed establishment or alteration, tho
petitioner shall pay all costs and expenses of
the proceeding to be aScertnined bv the clerk
of the said court, and if necessary execution
may issue thereof But unless the court up
on such report decide against undertaking the
proposed work. they shall appoint day for
hearing the parties interested and cause notice
thereof to be given TO the proprietors and
tenants OF the property which would have to
be taken or injured, to show cause ngninst the
same. Such notice may he served on such of
them as are found within the comfy. and on
any agent therein of any proprietor not so
found, or by posting copy thereof on the
front door OF the court house. for three weeks.
and By sending another copy hv mail. postage
paid, to the post office nearest his residence,
ii it he known, as to any party interested who
Is not found in the county.


81 At any time. if the court have enough
before them TO enable them 10 ascertain what
would be just compensation to the rropric-
tors and tenants are willing TO accept what
the court deems just, the said court upon snch
acceptance being reduced 10 writing, and
signed 10y the proprictors and tenants, may
determine TO undertake the work.


So. Upon hearing the parties interested in
an application for n public road, the county
court shall decide for or against undertaking
the proposed work on hchSlf Of the county
II II decide in favor of the same. and the
compensation to be paid to any proprietor or
tenant be not fixed by agreement, it shall
award writ of nd qwod d1mnvn,. if desired
by any proprietor or tenant or # the court sec
"a"-" for awarding the same. Such suit shall
c"tDrnand the sheriff to summon md impannell
a jury of twelve free holders of the vicinagr,
not related to either party, to meet on tho
landz of such pro2retors or tenants as may
he warped in tho order and writ at certain
place and dsy therein a'so specified. OF Which
notice shall be eivon by tho sheriff to such
prorriet"rS and tenants. Such notice shs!l
be served like the previous processes. except
only thar 1t need not be given to one present
at the time Of making the order


81 The jury, sitter being dnIy sworn by the
sheriff, shall view the lsnds of the proprictors
aud tenants SO named, and ascertain whst will
be just compensation TO each proprietor and
tenant so named, for the land Of his proposed
TO ne taken. and for the damage to the resi-
due OF his lands, beyond the peculiar bcne-
fits which will be derived in respect to such
residue from the rGsd or landing And in
the csse Of a road the jury. if it he desired
by any party Interested. or be directed bv the
court. shall also ascertain whe,hcr the road
will be one OF such mere private convenience
as to max" it proper that 1t should be opened
and kept in order by the person or persons
for whose convenience it is desired, and
whether a less sum, and if so what sum, will
be jus: compensation to any such proprietor
or tenant, in case he be permitted to erect
and keep one or more gates across the road


40. If the jury shall not be sworn on the
day specified, or if they cannot agree upon
their inquest, Gin which case thcy may lie dis
charged the sheriff shall execute the writ on
such other day as he NAV from time to time
appoint, notice thereof being given IN the
parties Interested. If the inquest canno, be
com"ie'e'i in one day the sheriff shall adjourn
the jury from day TO day until It's comulction.
When completed, it shalt be siyncd by the
jurors, and returned by the sheriff, together
with the writ


Al. When the record shows that the sum
allowed by the jury compensation TO anv
proprietor or tenant is not more than the court
before awarding the writ of nd gnod 7amnun,
had consented TO allow him. such proprietor
or t"nant shail be adju9Ged to pay the costs
occasioned by such writ


AZ. After the return thereof the court shall,
ip'" 'he report inquest ana other evidence,
if any, determine whether the road or land.
ing shall he established or altered rsopo-ed.
whether the road is to be opened and kert in
in order by the person for whose convenience
1t lS desired. and whether any proprietor or
tenant shall be permitted 70 erect one or morn
gates across the road, aud it shall be at the
option of the court to pay the sum awarded.
or 10 abandon the proposed undertaking.


81. When the road or landing ia established
or altered, the county court shall be chnrgea-
Bile with the communication 20 the r.rnrr;o.n-