|
ROBERT BOWIE, ESQUIRE, GOVERNOR.
thirty feet wide, clear of ditches, and direct a supervisor or supervisors
to clear and improve the same, in the same manner, and
on the same terms, as other public roads, and upon completing the
same, it shall ever thereafter be deemed a public highway, and
kept in repair as other public roads in said county. |
1804.
CHAP. 52. |
2. AND BE IT ENACTED, That in case of the
death, resignation,
disqualification or refusal to act, of any of the commissioners
aforesaid, and as often as any vacancy shall happen, the justices of
the levy court, or any two or more of them, shall appoint some
other person or persons to supply such vacancy or vacancies, not
interested to related to any one through whose land the said road
shall pass. |
How vacancies
are to be filled. |
3. AND BE IT ENACTED, That if any person or
persons shall
think him, her or themselves aggrieved by laying out and opening
the said road, the commissioners, or a majority of them, are hereby
authorised to contract and agree with such person or persons
for the amount of damages sustained, taking into due consideration
all the conveniencies and inconveniencies, advantages and disadvantages,
if any, arising from the opening and improving said
road, and if the commissioners cannot make such agreement they,
or a majority of them, shall issue their warrant, under their hands
and seals, directed to the sheriff of the county, commanding him to
summon and return a jury of twelve good and lawful men, not interested
or related to the party or parties, to be and appear before
some one of the said commissioners, on the premises, at a certain
day to be expressed in said warrant, which jury shall, on oath,
inquire who is the owner or owners of such lands, and what damage
such owner or owners will actually suffer from the passage of such
road over the said land, the said jury taking into consideration all
conveniencies and inconveniencies, advantages and disadvantages,
if any, arising thereby or therefrom, and the sheriff shall return
the inquisition of the jury aforesaid, under his hand and seal, to
the next levy court, and such inquisition shall be final and conclusive
between the parties, and the amount of damages, if any, therein
expressed, shall be paid, by order of the said court, out of the
monies levied for the repair of the public roads in said county, or
out of the monies that may be levied under this act; provided the
said road shall not be laid out to run through any buildings, enclosed
yard or garden, without the consent of the owner, nor shall
any field in which grain or other cultivated articles are growing,
be laid open until after the season for securing the crop growing in
such field. |
Damages to be ascertained. |
4. AND BE IT ENACTED, That the justices of
the levy court be
and they are hereby authorised, if they shall deem it necessary, to
levy on the assessable property of said county, at the time of laying
the next county levy, a sum not exceeding four hundred dollars,
for the purpose of carrying the provisions of this act into effect;
and they, said justices, are hereby directed to allow such
compensation to the commissioners and surveyor or persons employed
by them in the execution of this act, as the said justices
shall think reasonable and proper. |
Levy authorised. |
|
 |
