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Dec. Ses. 1825.
Damages
how to be levied
and paid. |
JOSEPH KENT, ESQUIRE, GOVERNOR.
8. And be it enacted, That the said
levy court at the time of
the final ratification of the return to them made as aforesaid,
shall determine whether the damages so as aforesaid to be ascertained,
shall be paid by the persons petitioning for the opening,
straightening, widening, altering or amending the said road, or
levied upon the county; or may direct the said damages to be
paid by the petitioners and the county, in such proportion as the
said court may deem just. |
Secured before
opening
road.
Proviso. |
9. And be it enacted, That in all cases
of proceedings under
this act, the damages so as aforesaid to be ascertained, shall be
paid to the respective parties or their guardians, before the said
road shall be opened, widened, straightened, altered or amended;
and in case of the death of any of the parties concerned, and
to whom damages may or shall be adjudged, after such adjudication,
and before the receipt of such damages, the same shall be
paid to his her or their executor or administrator: Provided always,
That the signing of any petition presented to the said
court under this act, shall not make any petitioner liable for the
payment of the damages to be ascertained by the commissioners
in manner aforesaid, or any part thereof. |
Declared a
public road. |
10. And be it enacted, That when any
road shall be opened,
straightened, widened, altered or amended according to the provisions
of this act, and well and sufficiently cleared and made
passable, and the said court being satisfied by the examination
and certificate of three disinterested freeholders of the said county
to be appointed by the said court, that the said road is thus
well and sufficiently cleared and made passable, it is hereby declared
that the same shall be forever thereafter a public road,
and shall be kept in repair as other public roads are. |
Compensation
to commissioners. |
11. And be it enacted, That the said
commissioners shall be
entitled to receive as a compensation for their services and attendance
the sum of one dollar per day, which together with all
costs and charges arising from the survey and other proceeding
in such petition, as also all costs and expenses attendant upon
the clearing and making passable as hereinbefore directed of any
toad, opened, straightened, widened, altered or amended under the
provisions of this act, shall in the discretion of the court, be paid
in whole or in part by the petitioners, or levied, collected and
paid as the damages hereinbefore directed. |
When expences
are adjudged,
to be
paid by petitioners
—time
limited, &c.
Proviso. |
12. And be it enacted, That wherever
it shall be adjudged by
the said court, that the damages or any proportion thereof sustained
by reason of opening, widening, straightening, amending
or altering any road shall be paid by the petitioners, it shall be
the duty of the petitioner or some one or more of them to prove
to the satisfaction of the said court, that the said damages or
such proportion thereof as aforesaid, having been fully paid or
tendered to the respective parties entitled to receive the same:
Provided always, That such proof shall be offered, and such
road well and sufficiently cleared and made passable as hereinbefore
directed, when the same shall be adjudged to be done as
the expense of the petitioners, within six months next after the |
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